The 39-page report by Mr O’Mahony concludes that the State was aware of the practice of illegal birth registration for decades before any serious action was taken to investigate the practice and mitigate its effects “and that the action taken to date falls short of remedying the violation of the right to identity for many of those affected.”
The team should conduct a full trace on files flagged by Tusla as suspicious in the course of a previous independent review process. A person who suspects they may have been subjected to an illegal birth registration should also have the right to request an expedited review of cases from the team.In his report, Mr O’Mahony says that it is a “well-known legal maxim that justice delayed is justice denied.”
From an ethical perspective, the report says there can be “no question of the State withholding information from persons affected by illegal birth registration on the basis of a paternalistic concern that this might be distressing for those individuals.”
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