Vol. 490 No. 4
7 Mr. Spring asked the Minister for Health and Children his views on the recommendation of the Constitution Review Group that every child should be entitled to information concerning his or her identity and a knowledge and history of his or her parents and that a person should be entitled to this information not only for genetic and health reasons, but also for psychological reasons; and if he will make a statement on the matter. [10254/98]
The report of the Constitution Review Group is being considered by the All-Party Oireachtas Committee on the Constitution. It would not, therefore, be appropriate for me to comment on individual recommendations in the report.
I will comment on the current position with regard to statute law and the right of access of adopted persons to their birth records. There is a clear need for legislation to provide a structured, coherent and equitable post-adoption contact system. However, I did not think it prudent to proceed in this prior to the clarification of a number of constitutional and other legal issues surrounding the question of access to birth records, heard by the Supreme Court in July last year. The issues heard by the Supreme Court go to the very heart of post-adoption contact as they deal with the right of a child to know the identity of his or her birth mother and the right of the birth mother to confidentiality. The Supreme Court delivered its judgment in the case on 13 March last and the way is now clear to legislate in the area. However, before putting forward my proposals, I will consider the judgment of the Supreme Court carefully, consult the various interests involved and those with expertise in this field as Minister of State, Deputy Fahey, has already outlined. It must be remembered that what is at issue is not only the rights of persons adopted under the adoption Acts and their birth parents, but also the rights of persons separated from their birth parents in other circumstances, including persons informally adopted prior to the enactment of the Adoption Act, 1952. It was the persons in this category who were dealt with in the Supreme Court case, to which I referred.
On a point of order I did not ask anything about adoption.
Please allow the Minister to conclude his answer.
The question asks the Minister for Health and Children his views on the recommendation of the constitutional review group——
I ask the Minister to conclude his answer.
This is obviously an extremely complex and difficult area of human relationships and it is essential to strike the right balance between the wishes of adopted children who wish to seek their birth records and, perhaps, trace their natural parents and the wishes of birth mothers who gave their children up for adoption in strict secrecy in a totally different social environment to that which exists now. I have not yet made any decision——
A Cheann Comhairle, on a point of order.
The Deputy should resume her seat.
On a point of order there is little enough time for Question Time. I did not ask the Minister anything about adoption. He has spent the last three minutes talking about adoption.
The Deputy should allow the Minister to conclude his reply.
Then can we have a relevant reply? This has nothing to do with adoption.
The Deputy should resume her seat and allow the Minister to conclude his reply. It is not in order to interrupt the Minister.
I am looking for your protection, a Cheann Comhairle.
As it is now 3.30 p.m. I must intervene to allow the Standing Order 31 motion on the Garda dispute to be taken. Before doing so I must deal with information relating to the Adjournment which is to be taken when the Standing Order 31 motion concludes.
Written Answers follow Adjournment Debate.
