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Dáil Éireann debate -
Tuesday, 21 Feb 1984

Vol. 348 No. 2

Ceisteanna—Questions. Oral Answers. - Working Party on Adoption.

5.

asked the Minister for Health if the working party on adoption have completed their deliberations; whether he has yet received their report; and when the report will be published.

I understand that the Adoption Review Committee have made considerable progress and I hope to have their report before Easter. I intend, with the permission of the Government, to publish the report as soon as I receive it.

Does the Minister recall that when this working party were established he indicated that they would conclude their deliberations quickly? Can the Minister explain why it appears that they will not conclude their report before Easter when he indicated previously to the House that they would conclude their deliberations before Christmas, 1983?

That is a reasonable question. The committee held their first meeting on 29 April 1983 under the chairmanship of Dr. J. Robbins, Assistant Secretary of the Department of Health. Up to the end of January the committee met on no less than 18 separate occasions. Two-day meetings are scheduled for the remainder of this month. The committee have completed their preliminary consideration of the major adoption issues and I expect to have a report from them before Easter. They have now set a deadline for the completion of their work. They had to obtain some legal consultancy advice. They have done a lot of good work. Adoption, constitutional and legal issues are enormously complicated. I want to thank the members of the committee for the amount of time they gave to the committee.

Is the Minister aware that all these complex and difficult legal and constitutional issues were examined in detail in the report published by the Task Force on Child Care Services and referred to in great detail in the minority report? What is required in this instance is a political decision on the content of legislation. Can the Minister indicate how the advice the working party are seeking differs in any way from the advice given to the Task Force on Child Care Services originally established in 1975? They reported to the former Minister in September 1980.

The committee were set up in April 1983 to perform the major job of reviewing four existing adoption Acts, to consolidate them and produce new legislation. If they complete their work, having met on about 26 occasions, and having given me the report by Easter, they deserve our thanks. With respect to the task force's report, the question of adoption is more complex than their recommendations appeared to show.

Does the Minister accept that the delay in producing this report and the delay in introducing legislation are resulting in well over 1,000 abandoned children who are legitimate not having the facility of being adopted and taken out of care? In the light of that, will the Minister guarantee to this House that this working party will conclude their deliberations by Easter, and that the report will be published within three or four weeks of the deliberations being concluded?

Without question that would by my intention. I am aware of the point made about the adoption of legitimate children. I concur with many of the views expressed by the Deputy. The adoption of legitimate children — if I may use that phrase for whatever it is worth — is a major constitutional question.

Does the Minister intend to incorporate amending legislation on adoption in the Children's Bill, or does he intend to introduce separate legislation? When does he hope to have such legislation before the House?

I had hoped to introduce one all-embracing Bill. Some major issues raised by the adoption review committee may well require a separate adoption Bill. That will not interfere with the overall thrust to have amending legislation brought in.

Can the Minister indicate at what stage this committee requested some form of legal consultancy work? At what stage did the committee make known the problem they say they are experiencing to seek a legal opinion on it, and who is dealing with this legal consultancy work? Has the matter been resolved to the satisfaction of the committee?

The committee wished to get an informal view from a legal consultant on a number of issues. I appointed Mr. William Duncan from Trinity College on a part-time basis to advise the committee. I understand his advice was greatly valued by the committee.

The Minister would be a fair man on the Irish Fifteen for kicking to touch.

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