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Dáil
‹ An tOrd Gnó - Order of Business

Adoption information legislation

Summary

Thomas Pringle questions delays and handling of subject access requests for survivors of mother and baby homes, referencing the Adoption (Information and Tracing) Bill. The Taoiseach says the Bill was published last May, is now moving forward, and that the Department is acting sensitively on requests.

In June this year, the Data Protection Commission wrote to the Minister for Children, Equality, Disability, Integration and Youth in regard to his Department's handling of subject access requests, SARs, from survivors of mother and baby homes. The commission told the Minister: "Concerning SI 82/1989, I have had reason to re-examine the Department's approach to SARs pertaining to health data and I am of the view that the manner in which the Department is handling such requests is not appropriate to the circumstances." In September, the Minister, in response to the Adoption (Information) Bill brought forward by Deputy Connolly and me, told us we would have this Bill before the House by Christmas. In November, the European Commission opened an investigation into the general data protection regulation, GDPR, matter and the Department told the Commission that it is anticipated that the new regulations will be in place by the end of the year.

We have seen nothing yet, despite it being prioritised by the Chief Whip's legislative programme for the term. When will the Government get this done? Will the Taoiseach ensure that the proposed section 10(2), which seeks to limit and continue the same unlawful block on direct access, is removed? Most importantly, in the meantime, will the Taoiseach ensure that the Department desists from its unlawful application of SI 82/1989?

Comment on this

First, on the Adoption (Information and Tracing) Bill 2021, it is not the Government's fault. We published it as far back as last May. It has been in pre-legislative scrutiny in this House since. I think it is out now and that we are in a position to get the Minister for Children, Equality, Disability, Integration and Youth-----

Comment on this

Are you going to bring it forward?

Comment on this

We have just got it. The Minister for Children, Equality, Disability, Integration and Youth, Deputy O’Gorman, being proactive as he is, has been working in parallel with the committee, monitoring the changes that were going to be made. The intention is to bring the Bill forward as quickly as possible. It is not the Government's fault that it has been delayed. On the regulations and so on, again we are conscious and mindful of the need to act sensitively, appropriately and in a timely manner when responding to subject access requests.

Comment on this