Seanad debates

Wednesday, 1 June 2022

Birth Information and Tracing Bill 2022: Committee Stage (Resumed)

 

10:30 am

Photo of Rebecca MoynihanRebecca Moynihan (Labour) | Oireachtas source

I thought we were only discussing amendment No. 72. Amendment No. 79 seeks to replace the word "may" with "shall" to strengthen the language relating to the issuing of guidelines by the Minister regarding the types of information to be deemed relevant to the health of a qualifying person. Section 24 provides for the release of medical information relating to a genetic relative of a person by a relevant body or the AAI upon the application of a qualifying person. This amendment strengthens the language in the relevant subsection by specifying that the Minister ought to issue guidelines on the type of medical information relating to a relevant parent or genetic relative of a relevant parent that is or likely to be relevant to the health of the qualifying person. The report of the Joint Committee on Children, Equality, Disability, Integration and Youth also recommended this change in regard to the use of the word "may" throughout the Bill.

Amendment No. 80 does something similar. Section 24 provides for the release of medical information relating to the genetic relative of a relevant person by a relevant body or the AAI upon the application of a qualifying person. This amendment strengthens the language in the relevant subsection by specifying that in preparing guidelines on the type of information that is or is likely to be relevant to the health of a qualifying person, the Minister shall consult such persons as he or she considers appropriate, including persons with expertise in hereditary or medical conditions.

Amendment No. 81 is similar and also replaces the word "may" with "shall". The amendment strengthens the provision of the subsection by specifying that the Minister should issue guidelines involving the practical guidance to the Child and Family Agency, the AAI and relevant bodies regarding their functions under Part 3. Again, the Joint Committee on Children, Equality, Disability, Integration and Youth recommended this change in the language.

Amendment No. 91 is to section 30, a miscellaneous provisions section of Part 4 which makes provisions relating to the accessing of birth and other information and provided items relating to the relevant relative by a qualifying person. The relevant subsection provides that the Minister may issue guidelines to the relevant body regarding the performance of its functions under this Part.The amendment strengthens the provision of the subsection by specifying that the Minister instead should issue guidelines to the relevant body on the performance of its functions under Part 4.

Amendment No. 102 strengthens the subsection by specifying that the Minister should issue guidelines to the Child and Family Agency or the AAI on the performance of its functions as they relate to the proposed tracing service.

The Minister has addressed each of the points about the language. I just wanted, on behalf of Senators Higgins and Ruane, to read those notes into the record. There is not necessarily a need for the Minister to reply because he has already addressed those issues and points.

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