Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I assure Deputy Troy that the adoption (information and tracing) Bill continues to be a priority of mine. The drafting of the heads of Bill is well advanced in my Department and consideration of the policy issues on all aspects of the proposed Bill is ongoing. As I stated previously in the House, it is intended that the legislation would provide for a structured and regulated way of safeguarding adoption records and providing access to adoption information as much as possible.

It is intended that the heads of Bill would provide for the Adoption Authority of Ireland to have responsibility for the safeguarding and maintenance of all adoption records in the State. This would include the establishment of a register of all relevant records held in various locations which would be maintained by the adoption authority. This is urgent and I cannot understand why it has not been done previously. It makes it very difficult for those who are trying to trace. Different standards are applied and there are different practices. The measures I will have in this Bill to bring those records together in one place are the right way to go.

It is also intended that the heads of Bill would provide that the authority would have responsibility for ensuring that access to these records was provided to an adopted person or to a birth parent, in accordance with the Bill. As all persons have a constitutional right to privacy, it is envisaged that there may be some restrictions on the information that could be made available without the consent of the parties involved. I have been in ongoing discussions with the Attorney General on this issue and I will take this tracing service as far as I possibly can within the constitutional constraints.

It is also intended that the Bill will establish the National Adoption Contact Preference Register on a statutory basis in order that adopted persons, birth parents and others separated as a consequence of an adoption will have access to the tracing and information service.

Additional information not given on the floor of the House.

The National Adoption Contact Register was established in 2005 to assist adopted persons and their natural families to contact each other, exchange information or state their contact preferences. The applicants decide, through a range of information and contact options, how they wish to proceed. It is also intended to establish a national tracing service on a statutory basis to assist persons who have been separated by adoption and are seeking assistance in tracing or contacting with relatives. It is intended also to provide the tracing service to persons who have been separated as a consequence of an informal arrangement, for example, in the case of an informal or unlawful birth registration where no actual adoption took place.

The draft heads of the Bill will be submitted to Government for approval prior to commencing the drafting of the legislation. I hope to publish the Bill as soon as possible having regard to the current priority workload relating to the children's referendum, the adoption (amendment) Bill, and the child and family support agency Bill.

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