Oireachtas Joint and Select Committees

Tuesday, 29 June 2021

Joint Oireachtas Committee on Children and Youth Affairs

Pre-Legislative Scrutiny of the General Scheme of the Birth Information and Tracing Bill 2021

Ms Maree Ryan-O'Brien:

With regard to a new agency, I think that is an integral part of any move away from the processes and systems that we had in the past, which have worked so effectively in demonising and weaponising adoptees and their right to identity that we are perceived as a threat to our birth mothers or birth families. As we outlined in our opening statement, we feel that neither Tusla nor Adoption Ireland should have any active part in adoptees’ lives moving forward and, sadly, that has not always been the case. If we could all agree, as I believe we can, on a more centralised approach, with centralisation of files, cross-referencing and accessing of information, establishing data as to how many birth mothers gave more than one child up for adoption, and making sure that these siblings were aware they actually had siblings who were adopted, that would be a massive step forward and it would also be viewed positively.

To touch on the other issues raised, we are looking at either a transitional justice approach or a restorative justice approach, and we can all agree that one of the basic tenets of any process is participation, which has been sadly lacking for many who are directly affected by this issue.

With regard to the agencies that are involved at the moment, in terms of moving forward it would become a barrier to participation for many people who simply would not want to engage with Tusla or Adoption Ireland to the same extent that they had to previously. As we touched on in our opening statement, to have people who have been previously refused access to information then going back to the self-same agencies that have ruled on them previously, looking for access to information, is problematic.

I want to read some quotes from our survey on the identity rights of adoptees. One person said: “Not having knowledge of one's background, history or roots causes a person to be insecure, and doubting self-worth, coupled with deep-seated issues of abandonment, can cause serious issues for one's well-being.” Another comment was: “There are pieces of meat in the supermarket with more rights to tracking and information of origin than me.” In the context of any process, be it three months, six months or two years, we need to be very mindful that we are waiting over 20 years for this legislation. We are far behind access to information in Europe, and every day this drags on is another day of people waiting for the most basic access to information for themselves. I believe it can be done with a balancing of rights for all parties, neither one nor the other, and we can be respectful of everybody's views moving forward.

I ask Mr. O'Brien to come in on the IO’T case.