I would separate the issue of appeals from the issue of complaints. My belief is there is no need for an appeals mechanism because there is not a decision to be taken in terms of "Yes" or "No" or "Issue information" or "Do not issue information". If a relevant person applies under this legislation, he or she is now legally entitled to all the information on him or her held by the relevant body. There is nothing to be appealed. The information will be released. In terms of a complaint, complaints are made about all …

I take on board the point the Senator made and will take it into consideration when, assuming the legislation is passed, the power of the Minister's role in regulation is bestowed on me under section 67. On the wider points made by the Senator regarding the fact that an individual should not be put into a situation where he or she has to rely on GDPR, that is the preference and what we are trying to achieve. I have always said, throughout the discussion on this legislation, this is a twofold change. It is a change …

Work has already begun on the information campaign because, as the Senator knows, once this legislation is passed, the three-month period kicks in immediately. We have been working to commence that. The AAI has engaged with the National Adult Literacy Agency on making sure the information and material produced as part of this campaign meets the criteria and is easily understood. We are acutely aware, and we know from our dealings in this House, that this legislation is highly complex. As the Senator has noted, ther…

I will address amendment No. 126 first and then I will speak to the general point. As it stands, section 63 provides specifically for a parent who is registering a preference of no contact to be informed of his or her entitlement to avail of counselling support. Counselling support for relevant persons is also covered in this section and is drafted to ensure those who need it most are prioritised. As such, I am not in a position to accept the amendment. In particular, I do not believe that placing a statutory timel…

In respect of the obligation, we recognise the particular vulnerability of parents in situations. We discussed at length earlier today and at our previous debate the issues regarding striking a balance when it comes to privacy rights, and for some parents, and I believe they are in a minority, their concern about protection and their not being contacted. Earlier in this process we changed the obligation in terms of providing counselling and made it mandatory. The Bill states, "The Agency, on the request of a person…

I will take amendment No. 130 first. When I spoke to Senator Boyhan's amendment No. 108 earlier, I indicated that I was open to reviewing the text of section 70. I am, therefore, a little disappointed in Senator Boyhan's comments suggesting this is all being railroaded through. I said I would respond to that and I have indicated to Senator Higgins that I will respond to some of her amendments on Report Stage. I have listened and taken points on board but, where I do not agree with proposals, I have also put forward…

I thank Senator Boyhan for his support and kind comments. On Senator Higgins's point, yes, there will have to be engagement. As she knows, the stakeholder reference group that is to be established will be a touchstone for the ongoing implementation of the Bill. I have always recognised that State agencies have failed, and failed hugely, in some of their engagements with citizens. Moving away from the legislation and the question of what certain agencies could or could not have done, how they did what they did was, …

There are 2,000.

I thank Deputy Funchion for these two amendments. I will speak to both amendments because they are linked. I thank Deputy Sherlock for his contribution. I am not in a position to support these two amendments. I hope I can clarify why that is. In terms of the amendment No. 1, my concern is that the use of the word "represent" could be interpreted as active representation. This would conflict with the policy position that a guardian ad litem is not a party to proceedings in every circumstance. The Bill before us has …

I accept that all amendments have been tabled with good intent and I am responding to them as such. I was not in the previous Dáil. My understanding was there was no reference to party-type rights in the original draft. The Deputy tabled an amendment similar to what she is proposing here. What we have done now is proactively recognise that the issue of party-type rights had been left hanging. It needed to be resolved. We have put in a mechanism that is flexible. I do not believe party-type rights are needed in ever…

We had a lengthy debate on this matter the last day. I spoke in detail about my concerns regarding amendments Nos. 23 and 24 and the rigidity they would build into the legislation by creating a definition of personal data rather than using one that develops according to the European Convention on Human Rights, ECHR. I also made known my concerns about amendments Nos. 103, 124 and 125. I do not have anything else to add.

I am. We have been very clear about the GDPR rights that are restricted. They are set out clearly within the legislation, with the minimal possible restriction that is allowed, and Article 15 is not listed among them so I am confident that the SARs can continue to operate without impingement.

As the Senator knows, under Article 15 the data controller makes an individualised decision. I cannot speak to individualised decisions but I can speak to the fact that there is no provision within this legislation to place limitations on Article 15. Article 15 is not one of the GDPR articles that is listed as being limited by this Bill. My understanding is, and it is the intent of the Bill, that Article 15 and the processes thereunder, are not limited.

I cannot accept these amendments, which seek to add to the list of secondary information sources provided for in the legislation, primarily because they do not define what they are intended to cover with the clarity and specificity required in the legislation. I will draw attention to the secondary information sources currently included in the Bill, which are: the Minister for Children, Equality, Disability, Integration and Youth; the Minister for Education; the Minister for Foreign Affairs; the Minister for Health…

The impression could be given here that religious orders involved in the provision of adoption are not somehow covered. It is important to be absolutely clear here. A registered adoption society and an accredited body are both covered, so any religious institution or organisation that is either an accredited body or a registered adoption society is fully covered by this legislation. I would hate for the impression to go out, based on the tenor of this debate, that there is some great gap here. There is no great gap…

During the discussions on this, including some of the informal consultations my officials and I did, this issue was raised. At the time, we in the Department said we were confident that all institutions that we know to have been involved in adoptions, touching on the issue of illegal birth registrations, were subject to regulation or inspection by a public body and, as such, would be covered within the existing definitions. At the time, we asked whether there were specific examples and whether there was X or Y inst…

I thank Senators for their contributions. What we are discussing here gets fundamentally to the centre of what this legislation is trying to achieve, which is that for the very first time in Irish history, adopted people, people who were boarded out and people who were subject to an illegal birth registration would have an automatic right to their full birth, early life care, medical information and a birth certificate. For the first time, that cannot be denied to them. It will not be redacted and their right to th…

Regarding Senator Higgins’s query on the phrase "all relevant records", the manner in which the application form for information will be designed will be clear on the fact that a person seeking information under the legislation may choose certain types of information. We must recognise that some adopted people may wish to do this. It will be as clear as a box that reads, "For all records, tick here". We will make it as easy as possible. While I understand what Senator Higgins is asking for, her amendment is not nec…

I met Fine Gael's policy lab and we discussed these issues. On the issue of pay, we have provided a core funding package that is worth €221 million in a full year. This is supporting the development of an employment regulation order for the sector. An initial €13 per hour payment, which is more than the living wage, has been agreed and other rates are being negotiated by the joint labour committee. This will be the first time this essential sector of 30,000 women who receive pay that is far too low will have clear …

The Government provided huge support to the childcare sector during the crisis through a range of funding mechanisms, particularly through the availability of the employment wage subsidy scheme, EWSS. That supported the amazing work done by childcare providers in staying open for the most vulnerable children and children of essential workers, even during some of the toughest times of the crisis. It is also demonstrated by the fact that, in 2021, we had the lowest number of closures in the sector for a significant n…