Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

As we all know, for decades there have been blockages to accessing birth information but those blockages will be removed by this legislation. We need to clarify matters here tonight because there is a lot of misinformation coming from the Opposition. We need to sort this because it is not proper for wrong information to go out from this House, as happened with regard to the mother and baby homes issue, when some Deputies claimed that the files were sealed away. They were not sealed away but that information went out. It is wrong to give wrong information and in that context, I need some clarity tonight. I have also heard some things tonight that are worrying me and that are not true. It is important that we get this right.

The urgent need for this legislation has been recognised by all political parties, stakeholders and professionals working in this area. I congratulate the Minister and his team for their work on this. I know it was a priority for the Minister but it was also a priority for me. This is good legislation. We cannot risk this Bill being unconstitutional and we had to bear that in mind with the steps taken here. Deputy Bacik raised a number of issues but she is very much aware of the question of constitutionality and the fact that we must bear that in mind when taking any legislative steps.

I worked very closely with the Minister and my colleagues on the Joint Committee on Children, Equality, Disability, Integration and Youth on this legislation. I can stand over it. We have an excellent joint committee. It is hardworking and dedicated and works to the bone. We were delighted to do the work. It was hard because we listened to stories that had us sad and upset going home but we did it. I think it was a Sinn Féin Deputy who said that none of the committee's 83 recommendations was put in the Bill. That is not true. You cannot put out that wrong information. Is that what the Opposition is doing? Do they want to work together but then go out and give everyone the wrong information? That cannot happen.

This comprehensive and inclusive Bill provides for the full release on application of birth certificates, birth and early life care and medical information for adopted persons, people who were boarded out, nursed out, subject to an illegal birth registration or who resided in a mother and baby home, county home or institution as a child. I want people to have access to their information. I encourage everyone here to support this Bill and get it passed as quickly as possible. Access is here. Let us get it to those who seek it. Something else that arose at the committee is how quick we can get access to the adoptees who need it. We have had no access for adopted people and now this legislation gives that. There may be more steps to be taken. Some of them might come into operation when the Bill passes. However, overall we should accept that this is good legislation. Amendments recommended at Committee Stage are ones I will support. I urge everyone to support them too when the time comes, particularly those relating to illegal birth registrations. This is something I have addressed with the Minister and I am heartened to see he has taken this on board.

Time is against us. We must do all we can to progress the Bill. The speed is what has been necessary. However, I ask the Minister to apply the same speed to redress for survivors as part of our action plan. I am very mindful of the survivors who come to me and have worked with the Minister on that, as I have worked on the committee.

Criticisms of the Bill have to be dealt with constitutionally. For instance, succession and the right the right to succeed to the estate to an illegal adopted parent is being addressed. The issue for medical practitioners is also being dealt with. If an adopted person seeks their mother's medical records to see if there was a medical issue, the information is only given to a nominated GP to protect the privacy of the mother. That is an important issue that was also raised at the committee. It is important that the information be given but that privacy rights are respected. This change strikes the balance.

Matters of GDPR often arise around this information and featured at the committee. It is important that we note that there are different guarantees under this legislation that are not under GDPR. While subject access requests under GDPR do play an important role in accessing information they do not provide an effective or satisfactory legal framework for the release of identity information to those adopted. Data protection law is currently tasked with providing for the release of this information. However, it does not strike the complex balance between the right to identity and the rights to privacy. Therefore bespoke legislation is required.

I very much welcome that baptism certs are now included. They can be a really valuable source of information. That was not mentioned once in all the criticism tonight. That is along with information on illegal registration. That is also vital. The definition of care and early life information is in the Bill. More sources of information can be provided. These are good changes. Things that I asked for in prelegislative scrutiny were given. This legislation will provide access to them. That is what is important to me and so many in my constituency in Carlow and Kilkenny and those who contacted me from elsewhere.

The new agency not being set up was raised tonight. The use of Tusla and the Adoption Authority of Ireland, AAI, is for expediency. Time, as I said, is against us here. We have waited too long already. Adopted people now have legal rights. They need this urgency. I spoke to the Minister about this. I am not saying we should not look at an agency in the long term. It was something that the committee examined. However, we know that we need to put this information out now. To set up an agency could take months and months. I am asking that people agree to a framework that can work so that we can get the information out. That is most urgent.

I discussed medical cards with the Minister. I ask that it be fast-tracked because these supports are important.

The Bill includes improvements in information but I sought clarification from the Minister today on the necessary minimal mechanism to protect the EU and constitutional rights of parents. This is where the Bill needs to be corrected. Again, there has been some misinformation here. You know what? That is not right. Where a parent has indicated a "no contact" preference, it will be conveyed to the person applying for their birth information in a short, sensitive and user-friendly phone call or virtual or face-to-face meeting with a social worker. It is also possible to find out what other information they want. This only applies to somebody whose form states a "no contact" preference. Anyone applying for information where the mother has agreed, then it is accessible. I spoke to a lady today from a mother and baby home. She is a survivor. I told her about the concerns being raised by the Opposition. I asked her about getting a registered letter while she was on her own, whether she would be upset that her mother had a no contact preference, or if she would prefer a phone call from someone to say sorry, the mother had put down a "no contact" preference but that counselling and supports will be offered and that they will be there for her. She said to me that if she was in the house on her own and got a registered letter and there was no one to talk to that can give information, that would not be right either.

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