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

Anybody who has access to or who knows about private information or adoption records held in private hands should make that known to the authorities. I am glad that in the case cited by the Deputy, that was done. I accept the Deputy's point regarding the need for the legislation to have a proactive demand that files held elsewhere other than with the statutory authorities, and perhaps mother and baby homes, be handed over. We could put a proactive obligation on people aware of such files to provide that information. I agree with the Deputy it would be important to gather the records from as many sources as possible. I will see what we can do in the legislation with regard to that and to ensuring there is a proactive approach to gathering adoption records.

The intention in the Bill is to give the Adoption Authority the responsibility of holding all of the records. I believe that will happen under the terms of the Bill. The Deputy made the point regarding the child's right to access information. I agree, but I should point out there are complex legal and constitutional issues in Ireland that are different from those in other countries which have taken this route. We have constitutional provisions that are very strong in regard to privacy and this is one of the issues I am trying to tease out to see whether we can reach a balance. This is one of the reasons there is some delay. I would like to have as strong legislation as possible in terms of the child's right to access information, to medical records and to know more about his or her identity, but that will have to be balanced. We are currently examining where that balance will be in the Bill and I am trying to ensure we strengthen as much as possible the child's rights to access that information. It is a complex issue constitutionally and the Attorney General is examining it.

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