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

I propose to take Questions Nos. 6 and 17 together.

These questions continue the discussion on adoption tracing and information. Work is continuing on the preparation of the heads of Bill of the adoption (information and tracing) Bill. My view is that persons affected by adoption or involved in the adoption process should be provided with a statutory right to as much information as possible within permissible constitutional boundaries. The constitutional and legal context within which the development of legislative proposals must be undertaken is complex. This has influenced the existing approach to access to information, which, while subject to significant development in recent years, has up to now operated on the basis of the consent of all the parties. The proposed legislation is intended to provide for a structured and regulated approach for applicants seeking access to adoption information and is also intended to facilitate contact between parties affected by adoption, including in circumstances where an adoption order was not effected.

It is intended that the Bill will provide for the Adoption Authority to be responsible for providing access to adoption records, in accordance with the provisions of the Bill. A national index of adoption records will be established and this will make it more straightforward for people who want information. It will provide a clearer and more developed process than exists currently. We will ensure that an appropriate authority, the Adoption Authority, the HSE or an accredited body can hold adoption records. However, the Adoption Authority will have overall charge of the records and will be responsible for ensuring standards are met.

The national contact preference register will be established on a statutory basis. A national tracing service will also be established under the provisions of the Bill. The operation of that service will be subject to guidelines to be set out in regulations. It is intended that the tracing service will be made available to an adopted person, a birth parent and a relative of either an adopted person or a birth parent, and that the Adoption Authority will have overall responsibility for providing the tracing service.

It is also intended that, prior to the release of the adoption information, counselling will be offered by the Adoption Authority of Ireland, the HSE or an accredited body to an adopted person, a birth parent or an adoptive parent.

As I have already said, we are currently working on the criteria for balancing the adopted person's right to information about his or her identity with the birth parent's right to privacy. This issue is clearly at the core of the matter. Some views have already been expressed here about what that balance should be. It is clear that I have to get ongoing legal advice. These questions require careful examination because constitutional issues are involved.

I want to bring the heads of the Bill before the Government at the earliest possible date. My view is that people affected by adoption should be given a statutory right to as much information as possible. As I have said, that can only be done within the constitutional boundaries that operate at present. There are challenges in developing a workable framework which respects the constitutional rights of all parties. Notwithstanding those challenges, I remain committed to achieving the policy objectives I have outlined. That is precisely what is being worked on at present.

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