Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I have been advised by the Adoption Authority of Ireland that it only holds records of adoptions effected since the introduction of statutory adoption in 1952. It holds no records relating to birth registrations.

The Adoption Board commenced a preliminary examination of available records in 2010. The audit related to records retained by the authority of contact received from persons who have been told and-or believe themselves to be adopted, in respect of whom no adoption record exists. This indicated that 99 people who have identified themselves to the board or authority as adopted, do not have a corresponding adoption file.

Around 50% of these relate to so-called "adoptions" prior to the introduction of the statutory adoption regime under the Adoption Act 1952, which was commenced on 1 January 1953. This work has continued following the commencement of the Adoption Act 2010, as these queries continue to arise.

The authority intends to undertake further work to explore the full extent of the issue. The board of the authority will then consider possible next steps to contribute to an understanding of the issue, including any advice to the Minister. It is important to note that the authority has no statutory responsibility in respect of the matter but is extremely sensitive to the issue, as it should be. Notwithstanding that, it should be noted that in a number of individual cases, where the facts have been available to the board or the authority, it has advised the appropriate authorities in respect of any activities which it believed contravened the Adoption Acts for the relevant period, but that is historic.

The drafting of legislation with regard to information and tracing is a priority of mine. Work is underway in regard to the preparation of the Bill, in consultation with the Adoption Authority, to provide for a structured and regulated way of providing access to information and contact for those affected by adoption. It is intended that the adoption (information and tracing) Bill will provide for the Adoption Authority to have access to records currently held by a wide range of information services, give the authority an oversight role with regard to the maintenance of adoption records and place the national contact preference register on a statutory basis. The Bill will also provide for proactive tracing and reunion services by appropriate bodies for adopted adults, birth mothers and birth families, with the Adoption Authority having the overarching responsibility for the service. I intend to take this legislation through the Houses of the Oireachtas in due course.

Clare Daly (Dublin North, Socialist Party)
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I thank the Minister for her response as this is a very important issue and I am pleased to know the Minister intends to address it by way of legislation. My concern would be with regard to the timescale and the emphasis. I have heard the Minister speaking on the radio on this subject and her input has tended to be on the basis of looking at the issue from the point of view of the adoptive parents perhaps rather than the rights of the child. There has to be a balance of rights. However I refer to the rights of the children who were illegally adopted in this State - a figure which is reckoned in tens of thousands. This is a crime which people have spent their lifetimes trying to address. The present situation has a number of anomalies which require to be urgently addressed. For example, if an adoption body is not accredited, it is a private body and nobody has any control of what happens the files of such a body. These could be burned at any time which would destroy the identities of people who have been adopted and such a body would be free from prosecution. This situation must be addressed as a matter of urgency. Many of these files are all over the place and we need urgent action to ensure they are collected and held in a central place and properly audited and stored so that they are accessible. I ask the Minister to indicate the timescale for this process and to say what powers are being considered in this regard. Information and tracing is crucial for the citizens involved.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am aware of the situation described by Deputy Daly and of the calls by adopted persons for access to historical personal and family information. I completely agree with the Deputy that the files must be preserved intact. It is essential that those files are maintained in a safe and secure place. I agree with the Deputy that there should be one authority with overall responsibility for those files. I am aware of the radio interview to which Deputy Daly refers and in which I made the comment that people should be informed about access to information and that such information should be made available. However, historical issues need to be dealt with and these must be handled as sensitively and constructively as possible. A number of legal and constitutional issues arise as to balancing the rights of the adopted person to information as against the rights and in many cases, the expectations, of birth parents to privacy. We are examining those issues and progress has been made with regard to the Bill. The heads of the Bill are close to completion. I am hopeful that this legislation will be progressed fairly speedily. I understand the personal consequences for individuals of not having this legislation in place.

Clare Daly (Dublin North, Socialist Party)
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I ask whether the issue of retrospection and the rights of individuals to access information from a certain date, for instance, will be addressed in the Bill. The HSE is excluded from this process and is excluded from requests under freedom of information legislation nor does it seem to have the administrative capability to provide access to information. Is this issue being dealt with in the proposed legislation?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I wish to examine as comprehensively as possible the issues raised by Deputy Daly. I will consider international best practice and given our constitutional and legal constraints I will consider what precisely can be done with regard to the Deputy's query. The current contact register goes a certain way. It is clear many people will seek this information and we want the process to be as comprehensive as possible and to include supports for the individuals. This has been the practice in other countries.