James Reilly (Dublin North, Fine Gael) | Oireachtas source

It will not be the case that this issue will not be addressed during the lifetime of the Government, as it very definitely will be. The House will be aware that the Adoption (Identity and Information )Bill 2014,introduced by Senators Averil Power, Jillian van Turnhout and Fidelma Healy Eames, will be debated in the Seanad this evening. The Department has considered the draft Bill and noted that there is much to be commended in it and, in relation to the areas of concern that it addresses, it is very much in line with the tenor of the draft Bill being prepared in the Department. On this basis, I will not be opposing the Bill, but I understand some aspects of it may not have full regard to all of the constitutional issues which are engaged. The Bill is being fully reviewed as part of the ongoing work in the drafting of my own proposed Bill on adoption information and tracing.

I acknowledge that the current position in Ireland is that there is no legal basis for the provision of services in regard to information and tracing for those affected by adoption. I am taking a positive and proactive approach to introducing measures to address this situation. In this context, I have instigated the following policy and operational developments: development of an adoption (information and tracing) general scheme and heads of Bill which will provide for statutory access to adoption records and birth information. This work is well under way. There were two iterations of heads of Bill before I came into the Department. The heads will provide access to records for birth parents and adopted persons in so far as is possible in line with legal advice. I am proposing as progressive an approach as is possible within the significant legal and operational complexities which arise in giving effect to this objective. The proposed legislation will provide, among other things, for placing the national adoption contact preference register on a statutory basis; arranging for the management of adoption records; setting out the information to be provided and circumstances in which it can be provided both for retrospective and prospective adoptions; and providing for information and tracing support services.

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