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Dáil
‹ Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation

Mother and baby records access

Summary

Deputy Pringle complained that survivors are still being refused subject access requests under the records legislation. The Taoiseach defended the law as urgent and necessary and said he would ask the Minister to address the GDPR point.

The Government is rightly facing a wave of upset and anger from the survivors and victims of the mother and baby homes on the back of the publication of the commission's report and the Government's handling of it. We in the Opposition warned the Government of this back in October when the Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, rammed the commission of investigation records legislation through the Dáil in a single day. We now see that subject access requests for personal data are still being refused by the commission contrary to the Attorney General's advice that GDPR be applied, a point the Government only recognised after the legislation was passed. Will the Taoiseach commit to amending section 6 of the Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 to explicitly state the pre-eminence of GDPR and the enabling legislation over domestic legislation?

Comment on this

That legislation had to be introduced in order to protect, save and preserve the records. The Minister's bona fides were absolutely correct on that occasion, and that should be acknowledged. If the Deputy reads the sixth interim report of the commission, it makes it very clear that the legislation was both urgent and necessary.

I will ask the Minister to come back to the Deputy on the specific point he raised in terms of the application of GDPR and access to information. As I said earlier, we believe in people's right to access information.

Comment on this