Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank the Department officials for coming here and giving an overview of this important Bill. All parties have been seeking it during recent years, and it is welcome that it has reached this stage and that we have an opportunity to tease out some of the issues. The kernel of the issue is that for future adoptions we are creating a template and there will be no issue regarding right to identity. Once we set it down, anybody who enters the adoption process will know exactly what they are getting into. The source of the uncertainty and the reason it has taken so long to come to this stage is the issue of retrospective adoptions and the need to bring forward a proposal that will not fly in the face of the Constitution. One of a person's fundamental rights is the right to his or her identity, and nobody can argue with it.

Do the signed declarations apply to an adopted person? Do the declarations state that, following the 12 month period, an adopted person will not contact his or her biological parent if the biological parent has explicitly said he or she will not make contact? Where the parent and child want to meet and have contact, I presume there will be no objection or issue. It is only trying to bring forward a proposal where there is an expressed wish by one party that he or she does not wish to be contacted by the other party. Could the officials clarify this? I have some concerns about the 12 month lead in. For many people, this is a time sensitive issue, given that their cases may date back to the 1930s and even earlier. Time is of the essence in terms of seeking their identities and having an opportunity for contact, if both parties wish it. Did the officials consider a shorter lead-in time period, perhaps six months, with a more intensive and extensive media campaign?

Regarding the implementation of the legislation, Tusla's capacity to manage it will be crucial. It will put considerable additional pressure on Tusla. People who have a much greater knowledge of the area than I have told me that, even with the restricted information and tracing service available in Tusla, some people are waiting up to three years to have their cases heard. If this is the case, while it is all very well bringing in the legislation, if we do not have the means to put it into effect, we will have problems.