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

Primarily, this is impacted here by the Constitution. There is a balance here that people have spoken about traditionally, which is, as Deputy Troy correctly states, the adopted person's right to information but, equally, on the other side of the equation, the mother's right to privacy. One can argue, as Deputy Troy did, that both of those rights exist, but so far the Supreme Court has sided with the right to privacy, and that is the fact of the matter.

Whether we can give effect to both is precisely what I have asked the Attorney General to examine, and that is where the consideration and discussion is at present. There are various options. One option might be to include certain presumptions in the legislation, such as a presumption that it is in everyone's best interest that the information must be shared unless there are compelling reasons this would unjustifiably conflict with a living person's right to privacy. I am examining the various options.

As I stated, to date the Supreme Court has been on the side of the mother's right to privacy. Since that Supreme Court decision was taken, there have been many developments in understanding the importance of a person's right to his or her identity and to information, and that is what I am examining. I hope to bring the heads of the adoption (information and tracing) Bill to Government as soon as possible.

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