Dáil Éireann Debate, Tuesday - 12 November 2013
390. Deputy Clare Daly asked the Minister for Children and Youth Affairs if she will indicate in relation to cases where the identity of the birth mother has been established, the way information can be withheld on the grounds of protecting her identity. [47800/13]
Amharc ar fhreagraAt the heart of the issue of access to adoption information is the matter of balancing of an adopted person's right to information about his or her identity against a birth parent's right to privacy, which includes among other things her identity.
I am conscious of the concerns of those who are seeking information in regard to their birth mother or a child given up at birth. The desire to know one's identity, or to re-establish contact with a child, is very fundamental and entirely reasonable. Existing procedures in this area, both legislative and administrative, are not ideal and I have been anxious to see improvement in this regard. The existing arrangements for those seeking access to information reflect a transition from complex and historical situations and I am anxious that the HSE implement improved and consistent arrangements. It is also necessary to acknowledge that the legal and Constitutional framework within which such access operates is complex, reflecting as it does the balancing rights to privacy of the mother or a child who may not wish for contact to be re- established or personal information exchanged.
Work is continuing in relation to the preparation of the Heads of Bill of the Adoption (Information and Tracing) Bill. I am anxious to bring the Heads of bill before Government at the earliest possible date. The Constitutional and legal context within which the development of these legislative proposals must be undertaken is complex. I have agreed with the Oireachtas Health and Children Committee that once agreed by Government, the Heads of Bill will be the subject of Committee hearings so that the complex and sensitive issues involved can be the subject of public consideration.
