Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020

Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2020 Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 Commission of Investigation (Mother and Baby Homes and Certain Related Matters) Records, and Another Matter, Act 2020 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 20 of 2020 COMMISSION OF INVESTIGATION (MOTHER AND BABY HOMES AND CERTAIN RELATED MATTERS) RECORDS, AND ANOTHER MATTER, ACT 2020 CONTENTS Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Definitions 1. In this Act— “Act of 2004” means the Commissions of Investigation Act 2004 ; “Agency” means the Child and Family Agency; “Commission” means the commission of investigation established by the Order of 2015; “database” means the databases of residents of the institutions (specified in the Appendix to the terms of reference of the Commission set out in the Schedule to the Order of 2015) created by the Commission; “Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 ; “document” has the meaning assigned to it by the Act of 2004; “evidence” has the meaning assigned to it by the Act of 2004; “Minister” means the Minister for Children, Equality, Disability, Integration and Youth; “Order of 2015” means the Commission of Investigation (Mother and Baby Homes and certain related Matters) Order 2015 ( S.I. No. 57 of 2015 ); “personal data” shall be construed in accordance with the Data Protection Regulation; “related record” means— (a) any evidence within the meaning of the Act of 2004 received by the Commission, (b) any document created by or for the Commission within the meaning of section 43 of that Act, or (c) a copy of any such evidence or document, from which information was obtained for the purpose of creating the database.

Deposit of certain records of Commission with Child and Family Agency 2. (1) Notwithstanding subsection (2) of section 43 of the Act of 2004, the Commission shall, as soon as may be after the passing of this Act, deposit with the Agency the database and all related records.

Restriction on processing of certain records 3. (1) It shall not be lawful for the Agency to process— (a) such part or parts of the database as contain information compiled from a related record referred to in paragraph (b), (b) any related record deposited with the Agency in accordance with section 2 that was given to the Commission by a person other than the Agency, or (c) any information contained in any such part of the database or any such related record, unless the processing of any such part, any such related record or any such information is— (i) subject to subsection (2), for a legitimate purpose, or (ii) authorised or required by or under the Data Protection Regulation, the Data Protection Acts 1988 to 2018 or any other enactment (other than this Act).

Deposit of copies of certain records with Minister 4. (1) The Commission shall make a copy of the database and a copy of all related records and shall deposit those copies with the Minister.

Deposit of evidence and documents in accordance with section 43 of Act of 2004 5. For the avoidance of doubt, the obligation under subsection (2) of section 43 of the Act of 2004 to deposit with the specified Minister evidence received by, and documents created by or for, the Commission (other than the database and related records) is, subject to section 6 , an obligation to so deposit such evidence and documents without redaction therefrom.

Redaction of certain records 6. (1) A person who gave evidence or any document to the confidential committee of the Commission (in this section referred to as the ‘confidential committee’), may, not later than 6 weeks from the date on which he or she receives a notification under subsection (2), make a request in writing of the Commission to redact from that evidence or document all personal data relating to that person before that evidence or document is deposited with the specified Minister in accordance with subsection (2) of section 43 of the Act of 2004.

Dissolution of Commission and final report 7. (1) Notwithstanding the Act of 2004, the Commission shall stand dissolved on 28 February 2021.

Amendment of Judicial Council Act 2019 8. The Judicial Council Act 2019 is amended— (a) in subsection (2) of section 7, by the substitution of the following paragraph for paragraph (g): “(g) adopt— (i) draft personal injuries guidelines prepared and submitted to the Board under section 18(2)(a) with the modifications (if any) made by the Board under section 11(1) (d), as soon as practicable after such submission but not later than 31 July 2021, or (ii) any draft amendments to personal injuries guidelines prepared and submitted to the Board under section 18(2)(b) with the modifications (if any) made by the Board under section 11(1)(d), as soon as practicable but not later than 12 months after such submission, and publish the personal injuries guidelines and amendments in such manner as it considers appropriate as soon as practicable following such adoption,”, and (b) in subsection (4) of section 18, by the substitution of “not later than 9 December 2020” for “not later than 6 months after the date on which the Committee stands established”.

Expenses 9. The expenses incurred by the Minister in the administration of this Act (other than section 8 ) shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

Short title 10. This Act may be cited as the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Act 2020.

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