Ms Noreen Leahy:

The next question I will address relates to support and guidance provided for, as Deputy Byrne noted, in head 11 of the Bill. The adoption information register is a gateway to Tusla information and tracing services. Everybody affected by adoption who wants to share information and have contact with somebody separated from him or her by adoption needs to apply to have the details entered on the register. The Bill provides that Tusla will offer support and guidance to anyone whose details are entered on the register. That is also in head 11. The Bill also provides that Tusla will develop guidelines to be approved by the Minister on support and guidance that can be offered. The aim is that anyone who enters the details on the adoption information register can be offered support and guidance when and as they need it. Where it is considered appropriate and helpful, a social worker may refer a person to the HSE national counselling services.

There was another question regarding fees but that is a standard provision in the Bill. We spoke to Senator Burke during the break with respect to incorrect registrations and informal adoptions. The Bill provides that people were the subject of informal adoptions or a long-term family care arrangement where a child is in the custody of a person other than his or her parent or guardian, where no adoption order was effected. Wrongful registration relates to the incorrect registration of a birth under the Civil Registration Acts for the purpose of registering as a parent a person who is not a parent of that child. The people affected may apply to have the detail entered on the adoption information register to avail of information and tracing services. It will also provide the birth parents or people subject to these arrangements with the facility to apply to Tusla's information in the same way.

People who are the subject of these arrangements can be provided with information, where available, in a similar manner to the provision of information to adopted people whose adoption was effected prior to commencement. However, as I stated earlier, many of these arrangements operated in conditions of great secrecy and there were rarely any contemporary written records of these events. In such cases, there may be very limited information, if any. Members may appreciate that information such as a birth being incorrectly registered only arises when a person seeks information. The information, unfortunately, is very limited but we are aware of some cases and we have been looking at some of them to see if anything could be done.

We are well aware that adopted people and people in general respect each other's right to privacy. On the rare occasions when this is breached, it is often out of frustration about not having accessing to information. We note that in practice, starting a search often begins a process of breaking down the fears and worries often associated with what was, for most, a deeply painful experience in the past. The Bill aims to make it easier to get access to information and offer support, when needed, to address fears and hopefully make those first steps towards contact. Nonetheless, to ensure the Bill is legally sound, it must include safeguards to protect privacy. The publicity campaign that will accompany the establishment of the adoption information register will help everyone affected by adoption to understand the new legal framework and give them the opportunity to state their preferences in making contact. Encouraging people to join the register will also help make it easier to share information. If a birth parent has expressed a preference for contact, information can be released straight away. Otherwise, the information required to apply for a birth certificate is released to the adopted person on signing the statutory declaration agreeing not to contact the birth parent. It is not that this is forever; they are agreeing also to seek the assistance of Tusla's information and tracing services should there be a wish to make contact in the future. This is to ensure the process is managed. The birth parent and the adopted person will be offered appropriate support and guidance by a social worker.

The Department believes these elements provide sufficient privacy safeguards. It is our view that the proposal reconciles in a practical way adopted people's right to information with the right to be left alone for birth parents.