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

I apologise for being late to the start of the meeting. I will read back over the contributions later. I thank the witnesses for coming forward. I have met some of them in connection with other issues. I compliment them on the work they have done in advocating the need for the Bill and for bringing it to where it is today. All political parties welcome the publication of the Bill. I acknowledge the Minister’s work in bringing the Bill to where it is today. As my colleague, Senator van Turnhout, said, I am very conscious of the time-sensitive nature of the issue because so many people who have been affected by adoptions are ageing and we must ensure we get the Bill right and done in a timely fashion. We are coming to the end of this Dáil term and we must ensure we get it right. The input of the witnesses today is very important. We are talking about giving back a basic, fundamental human right to people, namely, one’s right to one’s identity. We all agree with that. That is the purpose of the meeting.

I, too, am worried by the lack of a clear definition of a compelling reason. That leaves it to public servants, staff in Tusla or whoever else to use their own interpretation. The situation is not clear cut. It is not black and white. It is bad legislation when something is open to interpretation. As colleagues said, we must ensure there is at a minimum a clear definition of a compelling reason. Perhaps the witnesses could help us draft such a definition.

The statutory declaration is a further insult to people who have been treated already as second-class citizens.

We have to look at how that can be addressed into the future. We also have to be true to the legal advice that has been given regarding being able to deal with this retrospectively. The legal opinion we have been given, through the Minister and the Department is that the only way it can be done retrospectively is by including this statutory declaration. Funding is going to be a crucial issue, as with anything. Even with the limited service that is available through Tusla at the moment, the length of time some people are waiting to be dealt with is appalling. It takes months or years in some instances. That has to be critical. This will put an extra burden on that section within Tusla and it is important that extra resources are made available with that extra burden.

I never realised the issue with step-parents, which Mr. Redmond highlighted. The first time it came to my attention was a few years ago, when a constituent came to me. She had a child in a previous relationship, got married later in life and her new husband wanted to adopt her first child. I was amazed at the process she had to go through. It is alarming. I do not know whether it can be addressed in this legislation, but if it cannot, I imagine it could certainly be addressed in the adoption legislation that has come about as a consequence of the children's rights referendum. It is a point well made here this morning and it is something we can look into. I thank the witnesses for their time, for their interest and for their input into this, and I look forward to working with them all and their respective groups in trying to ensure this legislation is the best possible legislation adhering to the constraints the Constitution has placed on us.