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

The Deputy's points are very interesting. A certain amount of the scenario she has painted can be dealt with in legislation. For example, where a birth mother has no objection to contact being made, it is possible to put in place a scheme and a system, perhaps with mediation and counselling, whereby if there is agreement to contact, that can be facilitated. I do not think it has been facilitated enough in the past where there was agreement. In circumstances, for example, where the birth mother is deceased that could be dealt with in legislation. Where the mother cannot be traced but where it is reasonable to presume that she is deceased, that can be dealt with also. Perhaps we need to examine carefully what non-identifying information can be given.

A birth mother may be adamant and absolutely object to contact being made. I do not think we have evidence for what the Deputy has said, but perhaps it is instinctive to say that there may be many birth mothers who would be happy for contact to be made. In those circumstances, I believe the legislation should facilitate getting the records together in a way that makes them more accessible. I intend doing this as quickly as possible. There will be a statutory basis for ensuring that church authorities, GPs and whoever else has records would be under an obligation to provide those records and make it known that they exist. That is what I intend the legislation to do.

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