Dáil Éireann Debate, Thursday - 9 May 2013
34. Deputy Clare Daly asked the Minister for Children and Youth Affairs the reason for the delay in introducing the adoption (tracing and information) Bill; and the steps being taken to protect birth/adoption records held in private hands. [21820/13]
View answerWork is continuing in relation to the preparation of the Heads of Bill of the adoption (information and tracing) Bill. My view is that persons affected by adoption should be provided with a statutory right to as much information as possible within permissible Constitutional boundaries. The proposed legislation is intended to provide for a structured and regulated approach for applicants seeking access to adoption information and is also intended to facilitate contact between parties affected by adoption, including in circumstances where an adoption order was not effected. It is intended that the Bill will provide for the Adoption Authority to be responsible for providing access to adoption records, in accordance with the provisions of the Bill. The Bill will provide for the Adoption Authority to establish and maintain a National Index of Adoption Records, the purpose of which is to help an applicant for adoption information to identify the location of his or her adoption records. The intention is that the Bill is to provide that either the Adoption Authority, the HSE or an accredited body may hold adoption records, with the Authority having overall charge of those records. The HSE have already commenced the take over of files. In late 2011 the HSE Adoption Services took responsibility for the adoption files of the Sacred Heart Adoption Society in respect of homes in Bessborough, County Cork; St Peters, Castlepollard, County Westmeath and Sean Ross Abbey, Roscrea, County Tipperary. These files have since been transferred to the HSE in their entirety and are stored in specialised facilities in Glanmire County Cork. It is also intended that the Bill will provide for placing the National Contact Preference Register on a statutory basis and that a National Tracing Service will be established under the provisions of the Bill, the operation of which will be subject to guidelines to be set out in regulations.
Complex legal and Constitutional issues have arisen during the course of preparation of the Heads of Bill including the setting of criteria for balancing an adopted person's right to information about his or her identity as against a birth parent's right to privacy. These issues are currently receiving careful examination and detailed consideration is underway on the part of my Department and the Office of the Attorney General. I am anxious to bring the Heads of Bill before Government at the earliest possible date. Again, my view is that persons affected by adoption should be provided with a statutory right to as much information as permissible within Constitutional boundaries. However, there are undoubtedly challenges remaining in developing a workable framework which respects the Constitutional rights of all parties. I remain committed to achieving my policy objectives notwithstanding these challenges.
