Birth Information and Tracing Act 2022
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Agency and Authority may request information | ||
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34. (1) On receipt by it of an application under section 32 , or a direction under section 33 , the Agency or the Authority shall, without undue delay, take all reasonable steps in accordance with any guidelines issued under section 37 to, as applicable— | ||
(a) trace and locate the person to whom the application or direction relates, or | ||
(b) obtain such information as is required to comply with the direction. | ||
(2) Subject to subsection (3), the Agency or the Authority may request a person to whom this section applies to provide it with, or with access to, information that is in the possession of, or under the control of, the person. | ||
(3) A request under subsection (2) may be made only where the Agency or the Authority reasonably requires the information concerned for the purposes of enabling it to perform its functions under this Part. | ||
(4) Notwithstanding any enactment or rule of law, a person who receives a request made under subsection (2) shall comply with the request. | ||
(5) The Agency or the Authority shall not, other than for the purpose of the performance of their functions under this Part, disclose information obtained by it pursuant to a request under subsection (2). | ||
(6) This section applies to the following: | ||
(a) a Minister of the Government; | ||
(b) an office or body in relation to which functions are vested in a Minister of the Government; | ||
(c) the Health Service Executive; | ||
(d) a voluntary maternity hospital providing services under section 38 of the Health Act 1970 ; | ||
(e) the Garda National Immigration Bureau; | ||
(f) An Post; | ||
(g) a diocese or parish of the Roman Catholic Church; | ||
(h) a diocese or parish of the Church of Ireland; | ||
(i) a body designated by the Minister under subsection (9) as a body to which this section applies. | ||
(7) The Agency and the Authority shall each provide the other body with such information as is necessary for the performance by the other body of its functions under this section. | ||
(8) Where the Agency or Authority, having taken the steps referred to in subsection (1)— | ||
(a) in the case of an application under section 32 , is unable to locate the person concerned or, in the case of an application under subsection (2)(d) of that section, to ascertain whether a person was the subject of an incorrect birth registration, it shall, in writing and without delay, inform the person who made the application concerned of that fact, or | ||
(b) in the case of a direction under section 33 , is unable to establish whether there is evidence that a person has, or persons have, been the subject of an incorrect birth registration, or to locate the person concerned, it shall, in writing and without delay, inform the Minister of that fact. | ||
(9) The Minister may by regulation designate a body for the purposes of subsection (6)(i), where he or she is of the opinion that such designation is necessary for the purpose of the performance by the Authority or Agency of its functions under this Part. |