Birth Information and Tracing Bill 2022: Committee Stage
Seanad Éireann — 2022-05-18
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Roderic O'Gorman (GP), Dublin West

I will speak to amendments Nos. 9 to 13, inclusive.
Amendment No. 9 seeks to include the words "medical information" in the definition of "early life information". What the Senator is proposing is not necessary. The information set out in this category gives clear direction to relevant bodies that health and medical information on the applicant can be released. The tripling or quadrupling down that the Senator is proposing is not necessary. It is very clear with regard to the release of medical information.
Amendments Nos. 10 and 11 seek to amend subsection (1) of the definition of "early life information". As currently drafted, the subsection provides for information on whether a genetic relative visited or inquired about the relevant person. While it includes the degree of relationship, it does not provide for the name of the person visiting. I do not agree with the proposal to remove the term "genetic relative". Genetic relative is broadly defined in the legislation. It includes a sibling, an aunt, an uncle or a first cousin, so there is a wide range of family members whose visit to, or inquiring about, the relevant person will be recorded and information about that visit can be released. It is also important that records of other people visiting can be released under other parts. Records of visits by persons who made arrangements for the child adoption or care arrangements can be released under the category of care information and names can be released there. There is a very broad interpretation of care arrangements which covers social workers or personnel of adoption agencies.
On amendments Nos. 12 and 13, the legislation seeks to allow an adopted person know that he or she was visited and lets the adopted person know the degree of relationship between him or her and the person who visited. If it was the mother or the father who visited, under the provisions of this legislation those names can be released. Under the legislation a relevant person is entitled to the name of his or her mother and father. However, there is a balancing mechanism provided in this section in terms of whether the release of other people's names should be allowed. What the legislation provides for is to identify that relative's existence and that relative's efforts to ascertain information about the relevant person, and the facility of the tracing mechanisms in this legislation can be used to confirm that the relative, who is not a mother or father, wishes his or her name to be released to the relevant person.
Where, for example, a sibling has made an inquiry about a relevant person, the relevant person will be told that somebody who is a sibling made an inquiry about the relevant person. The relevant person can use the tracing mechanism in the legislation and the tracing service will inquire after the sibling. If the sibling is dead, his or her name can be released to the relevant person. If the sibling is still alive, the sibling will be asked if he or she wants his or her name to be released to the person. In a situation where we are not referring to a parent we have provided a means whereby a relevant person is notified of the existence of this person and is notified that this person sought information about him or her. The tracing system provides a mechanism whereby that sibling or relative can give his or her consent to the release of his or her name to the relevant person.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2022-05-18/debate/main
Retrieved: 2026-08-14T04:50:28+00:00
Sitting date: 2022-05-18