I welcome the Minister of State, Deputy McConalogue, to the House.

I thank the Minister of State for being here. Today I advocate for an amendment to Part 9 of the Birth Information and Tracing Act 2022. For those unfamiliar with the Act, it helps people to access information on their origins, especially in cases of adoption or incorrect birth registrations. Part 9 specifically deals with correcting birth records when new information comes to light such as through official records or DNA testing. The proposed change is simple but vital in the context of the people affected by it. Amending Part 9 would allow individuals a choice of identity, meaning they can decide which birth certificate, the original or corrected one, to use as their primary identity. It would also require linking the two birth certificates in the records, so they are connected and traceable. People should also have a choice on privacy, whether these linked records stay private, accessible only to them, authorised people, their loved ones or family members, or become public for things like genealogy. It is fair to ask that people have choice and discretion over their identity in this sensitive topic. It is not about rewriting history. It is about giving people control over their own story in a way that is practical, fair and reduces confusion.

I will explain the matter step by step, using real-life scenarios to make it clear. Illegal birth registration happens when a baby's birth is registered falsely, usually listing non-biological parents as biological parents on the birth certificate. This was common in Ireland's past, often in mother and baby homes, nursing homes or through other agencies. It was not always done in a malicious way. Sometimes it was done in good faith to protect families or to avoid stigma. Today, the truth is emerging through official records handed over to Tusla when organisations are closed. DNA tests are another modern feature that are bringing these stories to light. The Adoption Authority of Ireland releasing other historical documents is playing into this becoming a pressing issue for those affected. When someone discovers, often late in life, that they may have a correct or incorrect birth certificate to reflect their biological parents the original birth certificate is then cancelled and hidden from public view. Only the new one is official and public. There is no automatic link between the two and no choice in how they are handled. This creates massive emotional and practical problems for those affected. For the people I have met, it causes them huge stress and issues. For anyone I have engaged with on the topic, this change would be huge.

The problem with the system under the current Part 9 rules is that the lived identity with your name, date of birth and social parents from the original certificate is essentially erased from public records, which is making people feel out of place in their families. Many learn of this change through letters from Tusla or meetings with social workers based on records from nursing homes, mother and baby homes or DNA. It is a mix of some of these and some people welcome the truth of their story. Others feel shattered that their whole world has turned upside down because of this. However, the amendment would empower choice and let individuals pick their primary identity, whether that is their lived or biological identity, for daily use like jobs and travel. It would link the records, connecting the certificates via a PPS number or a shared reference, so that Government Departments, family members and researchers see the full picture without any gaps. It would control privacy where there is an opt-in and opt-out for public or private uses. It would reduce confusion, especially abroad, for deaths, inheritances or proving family ties. It would honour emotions by acknowledging that genetic ties matter but so does the life you have built with no forced erasures. This is fair and modern and aligns with rights to identity and privacy. It does not undo the Act's good work. It enhances it for real lives. I welcome the Minister of State's consideration and support on this important topic.

I am taking this Commencement matter on behalf of the Minister for Children, Disability and Equality. I thank the Senator for raising this in such a constructive and coherent manner, and for explaining the challenges and the request for change.

People affected by illegal birth registrations have raised a number of concerns with Department officials about aspects of Part 9 of the Birth Information and Tracing Act 2022. The Senator will be aware that Part 9 amended the Civil Registration Act 2004 to allow an tÁrd-Chláraitheoir, the General Registrar, to receive or request information relating to people who were subject to an illegal birth registration; to correct an affected person's birth registration; to create a separate registration in the new register, the register under Part 3B, to reflect a person's lived or social identity; and to create an index linking the new register of lived identity to the register of births. In this way, Part 9 seeks to vindicate the affected person's right to an accurate birth registration and to give legal recognition to the person's lived identity.

The issue the Senator raised relates to the new index linking an affected person's lived identity to the register of births. A number of affected people have requested that the link between the two registers be made publicly available, where the affected people so wish. There is no difficulty in principle with amending Part 9 of the Act to allow the entry in the index to be made public, where the affected person so wishes. Such a change would not affect people who wish to keep their registration on the index of lived identity private. Officials of the Department of Children, Disability and Equality have been working the General Register Office and the special advocate for survivors, as well as affected people, with a view to amending the legislation.

While the Civil Registration Act 2004 falls under the remit of the General Register Office and the Department of Social Protection, the State's response to illegal birth registration falls within the ambit of the Department of Children, Disability and Equality. The Senator will be aware that issues of terminology can give rise to particular sensitivities in the context of illegal birth registrations, reflecting the trauma experienced by affected people whose identities have been withheld from them for most of their lives. People affected by illegal birth registrations have raised concerns about the language used in the legislation, including notably, the use of the words "cancelled" and "cancellation" in relation to the affected person's incorrect registration and identity. From the perspective of an affected person, the cancellation of an entry in the register of births may be seen negatively or as disregarding the affected person's lived identity and experience. Many affected people continue to use their lived identities and do not want those identities to be cancelled. Before amending the legislation to improve the terminology used, Department officials will need to engage in a broader consultation process to ensure, as far as possible, that all affected people's views are heard and taken into account and this process will commence in the new year.

I thank the Minister of State for his reply, which I welcome. This is a particular, niche and sensitive issue that affects a certain cohort of people who deserve dignity, ownership of their identity and choice about their privacy. The changes being asked for are reasonable, sensitive and will give great dignity and ensure the complexity of each story is protected and held and is publicly available where the individual so wishes. I welcome the consultation proposal and I encourage the Minister to engage as widely as possible with as many people who are affected as possible so that we have sensitive language and a sensitive policy that is as inclusive of as many complex individual stories as possible. I thanks the Minister of State for taking on board my proposals and I look forward to working with those affected to make sure these changes are done in a sensitive and constructive way that gives dignity to those affected.

I again thank the Senator for raising this important issue. The Minister for Children, Disability and Equality is committed to taking steps to ameliorate the long-lasting trauma experienced by many people who were subject to illegal birth registrations, including amending and improving the legislation to address affected people's concerns. As I said, work on the matter is well advanced, with the public consultation process due to commence early in the new year. There is an open door at the Department in relation to taking on board the concerns the Senator raised on behalf of affected people. We look forward to that work progressing next year and to seeing a positive outcome for those he is representing.