Minister publishes proposed Birth Information and Tracing Legislation

Dublin West TD and Minister for Children Roderic O’Gorman has today published the General Scheme of the Birth Information and Tracing Bill. 

The legislation, which is being described as ‘groundbreaking’ by the government, will provide a full and clear right of access for adopted people and others with questions on their origins to birth certificates, birth and early life information.

The legislation takes a comprehensive approach, encompassing all people who may have a question in relation to their origins and supporting access to the broad range of birth, early life, care and medical information that may be contained in institutional or other records.

Over and above access to information and records, the legislation also establishes a comprehensive tracing service for persons who want to make contact, share information or request information from a birth relative.

It also establishes a new statutory Contact Preference Register.

People will be able to apply to this register where they wish to record their preference in relation to having contact with birth relatives, as well as where they wish to lodge, for the attention of a specified relative, communications, contemporary medical information or requests for information.

The proposed legislation takes account of the issues facing people who are the subject of an illegal birth registration.

In addition to this, Minister O’Gorman, with his colleague Minister Humphries, today brought a separate memo to Cabinet regarding wider support for affected individuals to address the issue of their incorrect birth registration and to have choice and clarity on the question of their identity.

These proposals were developed by an Interdepartmental Group established by Minister O’Gorman and will be the subject of consultation with those affected by illegal birth registration in the weeks and months ahead.

Speaking on the published legislation, Minister O’Gorman said:

“For too long, adopted people and others have struggled with unanswered questions in relation to their identity and origins, and have felt the acute distress and inequity of that.  This is why the Government is bringing forward this proposed legislation which will unlock access to crucial information on a person’s origins; information which has been beyond their reach for too many years.

“This complex and comprehensive legislation has to balance rights to identity with rights to privacy in a fair and compassionate way.  This is not an easy task and I have worked intensively with the Attorney General to find a solution grounded in GDPR which guarantees a right of access to information which is central to a person’s identity, whilst respecting the privacy rights of others and ensuring support for all parties.  I look forward to consulting with stakeholders and engaging with TDs and Senators on these legislative proposals.  My hope is that, by working in a focused, collaborative way, we can advance this legislation quickly in the interests of the affected individuals.

“I am also pleased, as part of this General Scheme, to be able to present proposals to address issues facing those affected by an illegal birth registration.  I wish to thank Minister Humphries for her joint engagement on these proposals and I look forward to consulting with the affected individuals in the period ahead.”