Minister O’Gorman publishes Birth Information and Tracing Bill
From Department of Children, Equality, Disability, Integration and Youth
Published on
Last updated on
From Department of Children, Equality, Disability, Integration and Youth
Published on
Last updated on
Minister Roderic O’Gorman T.D., has today (12 January 2022) published the Birth Information and Tracing Bill 2022.
This landmark legislation will provide a full and clear right of access to birth certificates, birth and early life information for all persons who were adopted, boarded out, the subject of an illegal birth registration or who otherwise have questions in relation to their origins.
Crucially, the Bill’s requirement for an information session where a parent has expressed a no-contact preference now no longer needs to be a physical meeting; the revised bill makes provision for this to take place by means of a short phone call or video call if desired.
In response to issues raised during Pre-Legislative Scrutiny, the Minister has made key changes, including:
Over and above access to information and records, the legislation also establishes a comprehensive tracing service for persons who want to make contact with family or who wish to seek or share information. It also establishes a new statutory Contact Preference Register. This register offers a means for people to register their preference for contact with family and also a mechanism to lodge communications and contemporary medical information which can be shared with family members.
The legislation addresses the issues facing people who are the subject of an illegal birth registration. The Bill will provide a legal mechanism for provision of an accurate birth registration to affected individuals, while remaining mindful of their current identity.
Speaking on the published Bill, Minister O’Gorman said:
“This legislation has been an absolute priority for me. For decades in this country, adopted people have been failed in being denied clear access to their identity information. With this bill, we are restoring to adopted people the information that so many of us take for granted as part of our own, personal stories. The Bill ends Ireland’s outlier status in terms of having legislation that provides access to information about one’s origins.
“Over the past year, I have spoken to hundreds of persons affected by adoption, illegal birth registration, the system of boarding out or the legacy of Mother and Baby and County Home Institutions. I know how important this legislation is to so many of them and that is why I am absolutely committed to advancing it as quickly as possible this year.
“While the legislation aims to help those with questions on their origins, it also provides important services relating to contact and sharing of information. I hope that these other services will be valuable, not only to adopted persons, but also to mothers seeking contact with, or information on, their adopted child, as well as other family members.”
The Minister intends to begin second stage of this priority legislation in the Houses of the Oireachtas within the next two weeks.
ENDS
Key aspects of the Birth Information and Tracing Bill
This ambitious and far-reaching Bill seeks to enshrine in law the importance of a person knowing his or her origins. It provides for the full and unredacted release of birth and early life information to persons who have attained the age of 16 years. In summary, the Bill provides for:
The Bill also amends the Civil Registration Act 2004 to address key issues arising for people affected by illegal birth registration by:
The Birth Information and Tracing legislation will sit within the framework of the Irish Constitution and the GDPR. Importantly, it will strengthen and guarantee existing rights to information and complement the ability for people to access information under the GDPR.
Key Enhancements since Publication of the General Scheme of the Bill
The Minister published the legislation in May 2021 and immediately referred it for pre-legislative scrutiny by the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth. The Committee concluded its pre-legislative scrutiny and published its report on 14 December. In order to advance as quickly as possible, the Minister closely followed the pre-legislative scrutiny process and worked intensively with the Office of the Attorney General to address issues raised through that process and through his separate consultations with stakeholders. Accordingly, the published Bill contains a number of notable improvements and enhancements, including the following:
Additional Issues on Illegal Birth Registration to be addressed in the Bill
The Minister is currently liaising with his colleague, the Minister for Justice, on the preparation of proposals to address the issue of succession for individuals affected by illegal birth registration. Once approved, the intention is that these proposals to amend the Succession Act 1965 will be brought forward by way of Committee Stage amendments so that they can be incorporated within the Birth Information and Tracing Bill.
Data Protection Impact Assessment (DPIA) For Birth Information and Tracing Bill 2022
Birth Information and Tracing Bill 2022 Regulatory Impact Analysis Updated January 2022
Plain English Overview of the Birth and Information Tracing Bill for Final Publication