Robert Troy
Question:4. Deputy Robert Troy asked the Minister for Children and Youth Affairs when she will bring forward adoption information and tracing legislation; and if she will make a statement on the matter. [6952/14]
View answerWednesday, 12 February 2014
Questions (4)
Oral answers (6 contributions)
In light of the recent film "Philomena", the international spotlight is back on Ireland again and not in a good sense. To follow up on the inquiries of my colleague, Deputy Pringle, regarding adoptions and releasing the records, when will the Minister bring forward the promised information and tracing legislation? This is legislation the Minister herself promised almost three years ago.
As I have told the Deputy a number of times, both in this Chamber and in committee, my Department and I continue to work on this legislation and I am in constant contact with the Office of the Attorney General. I have told the Deputy repeatedly that I obviously seek to introduce legislation that makes it as easy as possible for people to trace their origins and to get as much information as possible. One reason for the discussions with the Attorney General is to continue to tease out precisely how this can be done in the context of what I must state is extremely strong legal advice about the constitutional protection of the rights of the natural mother to privacy. A number of European court cases also have addressed this issue and highly complex legal and constitutional issues have arisen. I continue to explore how far the Government can go in building into legislation that right of the adopted person to get access to information without breaching the Constitution. This is precisely the reason it is taking this length of time. The Government is taking a great deal of care and has received some additional legal counsel's advice in this regard. I continue to consult and will bring forward the heads of the Bill as soon as these issues are determined fully. However, it is highly complex and work is ongoing in a dedicated fashion within both the Department and the Office of the Attorney General. As recently as yesterday, I had further advice from the Attorney General on this issue. Consequently, I am committed to bring in legislation that is as strong as possible in respect of access. However, the precise mechanisms by which this can be done are being worked on. I continue to work on the legislation, am committed to it and already have stated that as part of that legislation, the heads of the Bill will include provisions in respect of the existing documents and records. However, it is complex and I continue to work on it. I will bring it to the House as soon as these issues are determined and resolved.
I am glad the Minister has confirmed this is not something I am bringing up afresh today but is a matter I have highlighted and raised repeatedly in recent years. The Adoption Rights Alliance firmly believes there is a deliberate strategy on the part of the Government "to deny until we die". The alliance is firmly of that belief and has received no correspondence from the Minister's office since September 2013. The Minister has stated continually that her proposed legislation must be compatible with the Constitution. There is nothing new there, as all legislation must be compatible with the Constitution. However, the job of the Government is to legislate and in this regard, the Government is failing miserably. If the Attorney General is of the view that the Constitution is a roadblock to the publication of the information and tracing Bill, surely a proposal to amend the Constitution in this regard should have been put to the people at the time of the children's referendum? At present, the basic human right of any individual to know his or her identity is being denied. This right is outlined clearly in Articles 7 and 8 of the Convention on the Rights of the Child and I ask the Minister to reply in this regard.
I absolutely reject the proposition that I, in any proactive way, am trying to put up a roadblock to this legislation. The opposite is the case. I am working, as is my office and that of the Attorney General, to bring forward legislation that will be as supportive as possible within the constitutional constraints to which the Deputy, this House and I are subject. If one reads the judgments of the European court in respect of this issue and if one reads the Supreme Court judgment in the IO'T v. B case, one will discern how complex is this area. I refer to the constitutional right to the protection of privacy for the natural mother. Moreover, given the way adoption is dealt with in this country, which effectively has been closed adoption from a constitutional point of view, one can discern the legal difficulties that are involved in this area. There is no question of me or my Department trying to put up a roadblock because as I stated, the precise opposite is the case. I believe the Deputy is underestimating the constitutional complexities that are involved in this legislation. I am working on these and will bring forward the strongest legislation I can as soon as I have the legal determination on those issues.
Although I concur with them, it is not me who believes there is a deliberate strategy on the part of the Government "to deny until we die". The Adoption Rights Alliance is suggesting this; not me or anyone else in this House. The alliance does not believe this issue is receiving the priority it deserves and one must recall that time is of the essence, because the longer it goes on, the older these people become and the less likely they are to be able to receive the information to ensure they have the basic human right of any citizen, that is, the right to his or her identity. The point I made was if the Minister believes, on foot of advice from the Attorney General and the legal people in her Department, that the Constitution is acting as a roadblock to this legislation, does she not then think it would have been appropriate to bring forward an amendment to the Constitution at the same time the children's rights referendum was held?
There are a number of ways of addressing this issue. Another important initiative that is taking place at present is that the Adoption Authority of Ireland board has taken a decision in principle to take a case to the High Court to clarify the position in respect of information and tracing and is in the process of identifying a relevant case. This also is a highly appropriate mechanism to test effectively the constitutional position regarding this issue. The answer to the Deputy's question is that at present, I continue to examine the precise legal framework it is feasible to put in place, given the constitutional questions that arise. This is the appropriate time for me to be doing this and I am so doing in the context of the adoption information and tracing legislation.