Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

My Department is continuing work on the adoption (information and tracing) Bill and I hope to be in a position to seek Government approval to publish heads of the Bill as soon as possible. While I am anxious to improve the legal basis for access to adoption records, proposals to government must reflect the constraints on the Legislature in providing such access if it is not to fall foul of constitutional challenge. The Office of the Attorney General has provided comprehensive legal advice to the Department that has assisted in identifying the constitutional parameters within which the heads of the Bill must be drafted. The most difficult circumstances to address within the proposed legislation are those where the consent of other parties, such as natural mothers, does not exist for the release of information.

It is intended to proceed to finalise legislative proposals in order that I may bring a general scheme and heads of a Bill to the Government as soon as possible. At that stage, I intend to refer the matter to the Joint Committee on Health and Children to allow the issues to be carefully teased out and the views of different interested parties on these important and sensitive matters to be fully considered. I urge people to buy into this process and look forward to this important objective being advanced following due consideration.

As I indicated to Deputy Troy, these are complex, difficult and sensitive personal issues, which have legal implications that go to the heart of the Constitution. I accept that the process has been under way for some time and we have not yet reached a position of some certainty. I assure the Deputy of my anxiety to progress this issue in the next few weeks and to report progress when the Dáil resumes in the autumn.

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