Dáil Éireann Debate, Thursday - 4 July 2013
33. Deputy Mick Wallace asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 5 of 9 May 2013, if it is her position that a referendum on privacy is required in order to afford adopted persons the same rights as other Irish citizens; and if she will make a statement on the matter. [32542/13]
View answerWork is continuing on the preparation of the heads of Bill of the Adoption (Information and Tracing) Bill. My view is that people affected by adoption should be given a statutory right to as much information as possible within permissible constitutional boundaries. The constitutional and legal context within which the development of legislative proposals must be undertaken is complex. This has influenced the existing approach to access to information which, while subject to significant development in recent years, has heretofore operated based upon the consent of all the parties. 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. Complex legal and constitutional issues have arisen during the course of the 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 with a birth parent's right to privacy. This is a particular challenge in considering the impact on individuals in respect of adoptions which took place in the past where the concept of confidentiality and privacy were very central in the adoption process. These issues are receiving careful examination. Detailed consideration on the part of my Department and the Office of the Attorney General is under way. I am anxious to bring the heads of Bill before the Government at the earliest possible date. Again, my view is that people affected by adoption should be given 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.
