Professor Ray Murphy:

We were very aware of the fears that birth or natural mothers would have. While trying to respect and vindicate the rights of adoptees, it was foremost in our minds. One of the things suggested is the possibility of counselling, which would be helpful to all parties if availed of. Obviously, it would not be obligatory. There has been considerable discussion of the I.O'T v. B. case. At the end of the day, you will sometimes have conflicting constitutional and other rights. In this case, the right to identity and the right to privacy conflict. At the time, over 20 years ago, the court did invite the Oireachtas to legislate for this because when you have a conflict, at the end of the day, you have to decide which gets priority.

In this instance, there has been a change in the culture with regard to adoptees and this issue. There is now an international recognition of the right of people who have been adopted to have access to their birth information and all the other information being sought. The only way you can do this is, to some extent, by giving information on birth mothers and birth fathers, if it is there, but in many instances it will not be. We need to do this in as sensitive, caring and empathetic a way as possible but there is no way around this. Not just the Irish case law but the other international case law such as that of the European Court of Human Rights also talks about trying to balance these rights and doing so in a proportionate and fair way that harmonises rights. At the end of the day, it is the function of the Oireachtas, which it is now doing, to bring in legislation to facilitate this and put in the supports necessary for all the parties involved.