Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I thank Deputies for their support for the Adoption (Amendment) Bill 2016 and their constructive, often passionate, contributions to the debate yesterday and today. I also thank them for their expressed willingness to work in a constructive fashion with me, as I lead the legislative and policy agenda for children and young people. In doing so I am aware that they come with a great diversity of identities and experience on which they draw as they contribute to the law-making process. Some of the Deputies who spoke were adopted; many of them are champions of children; some have been psychologists or lawyers or worked at the coalface with children and families who have not had the same opportunities as the majority of us have had owing to social and economic backgrounds, health, including mental health, challenges, or other varied circumstances. It is that diversity of experience that will enable us to work together to create the best law for children.

As I said yesterday, the Bill will have real and significant consequences for children. While the number of adoptions taking place is lower than in previous years - I have heard some Deputies refer to the potential for a significant increase in the light of this legislation - each single adoption is a hugely significant event in the life of the child concerned and, of course, that of his or her parents or guardians.

It is timely that the Bill is before the House. It will be another important critical ingredient placed on the Statute Book under the canopy of the UN Convention on the Rights of the Child, as Deputy Jan O'Sullivan and others correctly mentioned, to give legal effect to the children's rights referendum. As I said yesterday, this will send a message to future generations that the protection and welfare of children are among the highest values of our society. Deputy Catherine Connolly, among her very helpful and constructive remarks, referred to that part of my speech as rhetoric - lovely rhetoric. Yes, it was. I believe in using rhetoric in the best sense of the political, philosophic meaning of the term. I know from my human rights and social change work that there is a place for rhetoric in the fight for significant social and economic change because it can touch our hearts and spirits on the very long journey towards a fair and equal society that supports children, families and communities in cherishing all children equally. Rhetoric can lift our hope, sharpen our vision and set a context for us in dealing with the historical contradictions that form the context for our debates in this Chamber. It is true that the rhetoric in this and others places can be very different from what is happening on the ground. I know some of that ground, too, not all of it but some of it in my work over many years. Therefore, I welcome and will continue to embrace heartily Deputies' references to what is happening on the ground as we make law together.

Before I talk about particular issues dealt with in the Bill, let me comment on two additional items which were referred to in Deputies' speeches. The first refers to the wider ground and the arena in which the Bill has emerged. I acknowledge the very insightful, logical and helpful contribution made by Deputy Richard Boyd Barrett, particularly, although not only, his remarks about section 23 of the Bill which provides for revised criteria under which the High Court will authorise the making of an adoption order without parental consent. The Deputy asked what would happen if the State was responsible for creating the conditions wherein parents ended up neglecting their children and the State was party to the process that had led to parental failure? That is a brilliant question. The Deputy also referred to the increase in homelessness and, in particular, how many children found themselves in emergency accommodation owing to the State's failure to deal with the housing and homelessness crisis. Perhaps that might be one of the conditions. Two responses occurred to me immediately. First, I am deeply concerned about the increase in homelessness among children and commit that its reduction is and will continue to be a priority of mine for as long as I hold this ministry. It was one of the reasons one of my first visits as Minister was to the Focus Point centre in Tallaght where this issue was at the core of our discussions and its contributions to solutions to this problem. Second, let us think about whether amendments to the Bill are required or possible in the light of this much wider concern and whether safeguards are required.

The second item referred to by several Deputies was the concern about a section within the programme for Government that linked child benefit with data systems to monitor school attendance. Deputies, rightly, raised concerns about this measure and I share their concerns. The Ministers, Deputies Leo Varadkar and Richard Bruton, and I have, subsequent to requesting the views of our various Departments, discussed the matter and I confirm that we will most certainly not pursue any stick approach. Reducing income supports for families is not an effective means to support them in their efforts to keep their children in school. We will, however, ask our Departments to review the best way to ensure the collection and linking of data in order that children's attendance and participation in school will be supported by the State.

I turn now to other matters relating to the Bill specifically, as well as to matters raised by Deputies, including possible amendments and the issue of information and tracing. I am aware of the work done by the last Government on this issue. As Deputies will be aware, in July 2015 it referred the heads and general scheme of the Adoption (Information and Tracing) Bill to the Oireachtas Joint Committee on Health and Children for pre-legislative scrutiny and that committee produced its report in November. The report was considered by my Department and a number of amendments to the heads and general scheme of the Bill were approved by my predecessor, former Deputy James Reilly. On that basis the last Government approved the drafting of the Adoption (Information and Tracing) Bill in December. The drafting of the Bill is under way and I can assure the House of my commitment to progressing the Bill and having it published as soon as possible this year. It is one of my priorities. The Bill will provide, for the first time, a statutory entitlement to identity information for adopted persons and for structured and regulated access to information and tracing services. It will provide that an adopted person aged 18 years or over who was adopted prior to commencement of the Bill will be provided with the information required to apply for his or her birth certificate, subject to certain conditions. It will also provide that those who were the subject of incorrect birth registrations - imagine what that must be like for the persons concerned - and those who were in long-term informal care arrangements may avail of an information and tracing service.

Some Deputies asked how adopted persons accessed their records today. There is a concern in that the adoption and information and tracing services are currently provided by Tusla, the Adoption Authority of Ireland or an accredited agency, depending on who holds the records. An improvement plan has been introduced to address the significant and unacceptable waiting times and the waiting lists and waiting times are reducing as a result, although not fast enough, I am sure, for those participating in the process. Furthermore, a system of prioritisation has been introduced that ensures the assessment focuses on those in greater need such as applicants who are over 70 years of age or those who have a serious medical illness. Deputy Joan Burton indicated in her comments yesterday the possibility of bringing forward an amendment to the Bill to incorporate attention to information and tracing and the concerns about the right of an adopted child to his or her identity. I would be very interested in exploring that potential and discussing the possibilities in that regard.

There is widespread recognition and acceptance by stakeholder interests, including my Department, that the guardian ad litem service arrangements need to be significantly reformed. My Department is working to address the significant shortcomings in the existing arrangements, with a view to making them fit for purpose and having a nationally organised, high quality and sustainable service in place. To inform the development of the policy proposals, my Department recently consulted many stakeholders on key areas of reform. Consultation is integral to our getting the law right and correct. My Department is examining significant policy issues and possible legal issues arising from the consultation process and working to resolve them. I can assure Deputies that consultation in this regard is not just about them telling us what they think and then us doing whatever we want to do. It is listened to deeply and the possibilities arising from it are considered, particularly in the examination of the legal possibilities. My Department is working towards the preparation of a general scheme of a Bill to radically reform the provisions for the appointment of guardians ad litemunder the Child Care Act 1991 and at the earliest possible date.

I note the concerns raised by Deputies about section 23 of the Bill which provides for an amendment to section 54 of the Adoption Act 2010. In Ireland the vast majority of children live in loving, caring families and never require the assistance of the State's child protection and welfare services. However, some families may need help and support in parenting their children. The range of responses of the State to support and protect a child is vast and incorporates much of what Tusla is engaged in. In the more serious cases children may be received into care, either at the request of the parent or by a court order, removed from the family and cared for by people other than their parents. In this scenario, all options for the care of children are considered, including supervision orders, care orders, guardianship and adoption. As Deputies are aware, currently the High Court may authorise the Adoption Authority of Ireland to make an adoption order and dispense with the consent of any person whose consent is necessary to the making of the adoption order where it is satisfied on certain criteria which include the likelihood that parental failure will continue without interruption until the child attains the age of 18 years. The proposed amendment in section 23 of the Bill will not change the belief that, where possible, the best place for children is with their families. However, the Bill now provides that the High Court can dispense with consent only where it is satisfied that the parental failure has been for a continuous period of not less than three years preceding the time of making the application; that the parents have, unfortunately and for whatever reasons, failed in their duty to the extent that the welfare of the child is prejudicially affected; that there is no reasonable prospect that the parents will be able to care for the child and that the failure constitutes abandonment - this is a strong and difficult word to hear but it is the reality in some cases; that adoption is a proportionate measure; and that the child has been in the custody of and has had a home with the applicants for a continuous period of not less than 18 months.

The revised criteria will provide that adoption is an option for more children who are currently in long-term foster care, once the criteria set out in section 23 are met. This option may represent a second chance for those children of a stable and secure family life.

Many Deputies referred in many ways to the question of resources, whether within the adoption process itself or with regard to the care process or the work that is now undertaken by Tusla. I am happy to say that, in 2016, the allocation to Tusla has been increased by some €38 million over last year's provision to address the immediate priorities identified by Tusla for its attention in 2016. This will bring the agency's current funding to €662.4 million and there will be a total capital provision of €13.5 million. That increased provision for Tusla in 2016 strengthens its overall base funding position to ensure the agency has the capacity to respond to both areas of unmet need and anticipated demand during 2016.

I thank all Deputies who were present for the debate today and yesterday and who welcome and support the Bill. I believe the debate has been very insightful and constructive. I look forward to further debate on Committee Stage. If Deputies or parties wish to raise, bring forward or discuss amendments they may propose prior to that time, I will be delighted to discuss them and my door is open to them. I commend the Bill to the House.

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