Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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11. To ask the Minister for Children and Youth Affairs if she will provide an update on the adoption (information and tracing) Bill; and if she will make a statement on the matter. [14007/14]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I seek an update on the adoption (information and tracing) Bill and to explore with the Minister what possible improvements might be permissible within the various constitutional restrictions that still stand.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy heard my earlier reply on this legislation. I am keen to progress it as soon as possible, as a lot of work has been done on it. Legal advice has been sought in detailed discussions with the Attorney General. I met her in recent weeks to consider how we could progress the legislation and what could be included in the heads of the Bill. I will have these finalised as soon as possible and submitted for the consideration of the Government in advance of referral to the Oireachtas Joint Committee on Health and Children. As I stated, it has involved complex legal and constitutional issues. The legislative proposals will address the circumstances in which identifying and non-identifying information may be provided. They will also examine the processes needed to be put in place to assist those seeking information. The most difficult situations to be addressed are those where the consent of other parties such as natural mothers has not been given for the release of information.

We also need to build an infrastructure that will support those seeking information, as well as for the maintenance and accessibility of the relevant records. Recently I had discussions with Gordon Jeyes who assured me this was one of the priorities in the Child and Family Agency’s business plan, with five social workers allocated to work in this area to ensure those seeking information received a quality service. A lot of work still has to be done in this area as it has been neglected in the past. Considerable infrastructure will have to be provided to deal with at least 50,000 files, if not more, as we will not have the full number until we introduce the statutory obligation on the agencies which hold these records.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I heard the Minister's earlier reply on the strong legal advice about the constitutional protection of the rights of the natural mother to privacy. Will the legislation she is bringing forward in this respect be sufficient to address needs in all cases? Has she given any consideration to the possibility of constitutional change if the Constitution is an impediment in allowing access to full information on the part of the birth child? She has indicated that she intends to bring the Bill before the Oireachtas Joint Committee on Health and Children. Has she received approval for the heads of the Bill from the Government? Within the existing constitutional limitations, can real improvements and access to information be arranged through the new Child and Family Agency?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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New arrangements can be put in place, which is why extra staff have been allocated. Obviously, there are many demands on the Child and Family Agency and this is one of many. I have, however, identified it as an important priority area because the needs of those seeking adoption information are important. There has not been enough focus up to now on bringing the records together. It is an urgent task to have them brought together and made accessible.

The focus of my approach has been on examining how far the legislation can go within the constitutional parameters, meaning that my focus has not been on constitutional change. I have been seeking to clarify how much can be contained in the legislation. I have already given a lot of detail to the House today on the range of areas in which information can be provided. I believe information can be provided where the birth mother has given consent or is deceased. In cases in which the birth mother cannot be traced, it might be possible for information to be given. Non-identifying information which would not infringe on the privacy of the relevant person may be provided, subject to the requirement that the person be consulted. Information could be provided in exceptional or compelling circumstances through an application to the High Court. I want the health committee to examine how wide the legislation can be in making information more accessible. The proposed legislation could do a lot in improving the current position.

Michael Kitt (Galway East, Fianna Fail)
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We have gone over time, but as the Deputy said, it is Thursday.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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With the Chair's indulgence, given that the greatest volume of cases would be historic, is consideration being given to drawing a line in the sand, so to speak, where these issues of competing rights and conflicts would be confined to the past and not continue? This is important.

In regard to the Child and Family Agency, the Minister has indicated there will be additional staff. I am aware that it is early days in the life of the agency as a structure, but has it deployed staff to set about the work of arranging for dealing with the significant volumes of files and records that have been placed in its care by a number of organisations which have previously provided adoption services?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy's first question was whether there would be a line drawn in the sand in regard to the type of approach to be taken. The answer is "Yes." In the legislation I intend to introduce a change as regards how we deal with this issue of current and prospective adoptions. The legislation will change the approach.

Second, the Child and Family Agency has started on its work, but it is an enormous task. The first job will be to scope out precisely the scale of that task, the resources necessary and the timescale for dealing with it effectively. This is an urgent issue, particularly for those trying to obtain information. There are tens of thousands of files in varying states and we will have to examine carefully how to manage them most effectively, deal with the information and ensure it is accessible. That will be the first task.