Oireachtas Joint and Select Committees

Thursday, 5 November 2015

Joint Oireachtas Committee on Health and Children

General Scheme of Adoption (Information and Tracing) Bill 2015: Discussion (Resumed)

9:30 am

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein) | Oireachtas source

Like everybody else, I thank the witnesses for their comprehensive presentations. These presentations not only highlight a number of issues raised in the sessions over three weeks but also raise a number of issues which we had not heard previously and which will be important in the final drafting of the Bill. I am sure all the issues will be considered legally or by the Minister.

Some of the material was very personal, in particular Kathy's experience which was given here today. We were very moved by the presentation. She brought home how difficult it was for people who had experienced mother and baby homes and for those who had no option other than to give their baby up for adoption, some of whom were forced to sign them away or had their babies removed from them without their consent. It does bring home how difficult and sensitive the whole issue is. I thank her for that. I think we would all agree it was very emotional and moving.

I will not go back over everything that has been raised over the last number of sessions but I just want to bring up a few issues. I believe that everybody is entitled to know their identity and to know their medical history. I have no doubt about that. It is unclear what roles the accredited bodies will play in the future. If this is not tied down in the legislation there would be a concern that expertise would be lost or some organisations may not be used, even though they would be the experts.

It has been highlighted that some of the records are not correct and I agree that a person should be able to write a statement in order to correct the information in their own file. The person in question did not even want the old file deleted. She just wanted to say that the information is incorrect. I believe that a person should have the right to correct files if they are wrong.

Reference was made to the step-parent adoption process. This is something that needs to be looked at. During the debate on the Children and Family Relationships Bill 2015 it was indicated that the step-parent adoption process would be dealt with in the Adoption (Information and Tracing) Bill. It has not been dealt with to date and it needs to be looked at.

Fees are also a worry to a lot of people and the use of the courts to recover unpaid fees would be of huge concern. The resourcing of this is also a huge concern for everybody who has appeared before the committee and for the committee itself. If the work comes down to Tusla - we know that agency is under funded as are all the organisations that it has to fund - then the details of resourcing would need to be tied down, including how much this is going to cost and if the money is going to be available. It has to be properly resourced. People cannot be put on the long finger for years because of waiting lists or backlogs.

The issue of statutory declarations has come up and I will not go through that again. People have already aired their views on the issue of compelling reasons but it does still need to clarified and tied down. Reference was made to "compelling reasons" at a briefing session last week and it was thought that some cases might be down to distress. While some people will say it is a matter of life or death, the distress within the situation does have to be considered and who knows whether the adoptive parent or the adoptee is more distressed.

It was indicated that social workers might have some decision making role in this process and it was suggested that all social workers are very experienced. That perception was contradicted at this committee today. I agree that there are trainee social workers and this brings us back to the point that there must be minimum standards, inspections and accountability. This must be copperfastened and tied down in the legislation.

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