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Legislative Programme

Dáil Éireann Debate, Tuesday - 3 November 2020

Tuesday, 3 November 2020

Questions (966)

Holly Cairns

Question:

966. Deputy Holly Cairns asked the Minister for Children, Equality, Disability, Integration and Youth the timeline for the introduction of legislation to ensure the survivors of mother and baby homes have access to the archive of the Commission on Mother and Baby Homes; and if he will make a statement on the matter. [33120/20]

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Written answers

I recognise the importance to adopted people and others impacted by birth family separation of having access to information related to their original identity and family history, including medical history. I am absolutely committed to addressing the wider matter of providing a new architecture surrounding access to birth information and tracing. This will require extensive consultation with a wide range of stakeholders. My Department is working on advancing the required Information and Tracing legislation, with a view to its publication next year.

I am committed to protecting the archive of records, which I will receive from the Commission on its dissolution by 28 February next year, and to ensure that the rights of all citizens to access personal information about themselves, under data protection legislation and the GDPR, are fully respected and implemented. The Attorney General has confirmed that individuals will have a right of access to their own personal data held by the Minister, noting that such rights of access are subject to the provisions set out in section 39 of the 2004 Act. For the avoidance of any doubt, it is important to clarify that the recently enacted Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020 was brought forward to ensure access to personal information contained in an extensive database compiled by the Commission, tracking entry and exit pathways in the main Mother and Baby Homes.

I recognise that the broader issues of access the Commission's archive for historical research or other purposes, while outside the parameters of existing legislation, are important ones and, in this regard, I would point to the Government's recent commitment to a National Archive and I will be working in conjunction with the Department of the Taoiseach to advance this further.

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