Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

We made a decision when bringing forward this legislation that we did not want to define just for those people aged 18 and above and we wanted to recognise that younger people who were adopted also have an interest in their birth and early life information. We wanted to make provision for that. Issues are different when we are not dealing with adults and we engaged quite significantly. In particular, we consulted with the Ombudsman for Children to ensure the appropriate provisions were put into the Bill and the section we are discussing here has been developed in consultation with the children's ombudsman. The Ombudsman for Children has confirmed that the supportive meeting we are proposing in this Bill that allows for the release of information for those who are aged 16 and 17 is a necessary protection for younger people.

Under section 18 of the Bill, a person aged 16 or 17 seeking identity information will have that information released through a supportive meeting with the help of a suitably qualified person. In addition, the applicant - the adopted person seeking the information - may be accompanied by a person of his or her choosing. The meeting can take place in person or virtually as preferred. This mechanism is designed to ensure there is an additional layer of support available to younger applicants and those who are not adults at the point of receiving and assimilating the information. Given the clear opinion of the Ombudsman for Children on the provision, I will not accept an amendment that seeks to remove such a meeting.

Amendment No. 204 suggests that nobody in the meeting should try to influence the relevant person in any way with respect to his or her view on the adoption. This language is very imprecise and it is unclear what constitutes influence. It is defined in such a way that virtually any interaction between the younger person and the suitably qualified person could be construed as influence. Again, matters relating to the conduct of these meetings can be dealt with through guidance and guidelines rather than through statutory provision.

A second element of amendment No. 204 requires that a person facilitating a supportive meeting should provide details of emotional or psychological supports upon request. Again, that provision of support to relevant persons is already provided for under section 57 of the Bill.

We do not feel it necessary to repeat it.