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Written Answers — Department of Children and Youth Affairs: Adoption Records Provision (18 Feb 2014)

Frances Fitzgerald: I have highlighted previously the Constitutional and legal barriers to providing access to adoption records without the consent of the birth mother. The Adoption (Information and Tracing ) Bill will address this matter but the legislature will be constrained in the nature of any access which can be granted to adoption records by these legal considerations. My Department is continuing to work...

Other Questions: Adoption Legislation (12 Feb 2014)

Frances Fitzgerald: I am conscious of the efforts being made by Philomena Lee to highlight the issues relating to information on and tracing of adoptions and illegal registrations. This is an extremely sensitive matter, especially for birth mothers who may still feel the emotional conflicts associated with adoptions many years ago. I have not yet had the opportunity to meet Philomena Lee. I would welcome a...

Ceisteanna - Questions - Priority Questions: Adoption Records Provision (12 Feb 2014)

Frances Fitzgerald: The Adoption Act 1952 placed adoption on a regulatory footing in Ireland and, in accordance with the law, all adoptions taking place since were required to comply with that Act and subsequent legislation. The Deputy quoted a figure of 60,000 and used the phrase "forced adoptions", which I will address presently, but I am advised by the Adoption Authority of Ireland that 44,042 adoptions took...

Ceisteanna - Questions - Priority Questions: Adoption Records Provision (12 Feb 2014)

Frances Fitzgerald: The requirement in the Adoption Act 2010 that agencies providing information and tracing services would gain accreditation resulted in a number of religious orders deciding not to apply for accreditation and transferring records from their mother and baby homes and adoption societies to the Child and Family Agency. For example, in the case of the Sacred Heart Adoption Society, 25,000 records...

Written Answers — Department of Children and Youth Affairs: Adoption Records Provision (12 Feb 2014)

Frances Fitzgerald: I wish to take this opportunity to advise the House of the historic position regarding adoption in Ireland. The Adoption Act 1952 placed adoption on a regulatory footing in Ireland and all adoptions that have taken place since then should, in accordance with the law, have been in compliance with that Act. I am advised by the Adoption Authority of Ireland that 44,042 adoptions took place in...

Written Answers — Department of Children and Youth Affairs: Adoption Records Provision (11 Feb 2014)

Frances Fitzgerald: The Adoption Act 1952 placed adoption on a regulatory footing in Ireland and all adoptions that have taken place since then should, in accordance with the law, have been in compliance with that Act. I am advised by the Adoption Authority of Ireland that 44,042 adoptions took place in Ireland between 1953 and 2012. While records exist in relation these adoptions these records may not be as...

Ceisteanna - Questions - Priority Questions: Adoption Records Provision (17 Dec 2013)

Frances Fitzgerald: The issues raised by the Deputy are a matter of concern to me. I note the apology offered by the Australian Prime Minister earlier this year which relates, as I understand, to historic government policies operated in that jurisdiction. In Ireland, the Adoption Act 1952 provided a legal basis for adoption in Ireland and for the establishment of the Adoption Board. This brought order to...

Written Answers — Department of Children and Youth Affairs: Proposed Legislation (17 Dec 2013)

Frances Fitzgerald: I propose to take Questions Nos. 87 and 103 together. Existing procedures for the tracing of birth parents by people who have been adopted are not ideal and I have been anxious to see improvement brought about. The existing arrangements for those seeking access to information reflect a transition from complex and historical situations and I am anxious that the HSE implement much more...

Written Answers — Department of Children and Youth Affairs: Adoption Records Provision (5 Dec 2013)

Frances Fitzgerald: I intend strengthening the legislative provisions regarding maintenance and access to adoption records in the forthcoming Adoption (Information and Tracing) Bill. An important aspect of the proposed legislation relates to responsibility for adoption records. The intention is that the Bill is to provide that either the Adoption Authority, the HSE or an accredited body may hold adoption...

Written Answers — Department of Children and Youth Affairs: Adoption Records Issues (28 Nov 2013)

Frances Fitzgerald: Records in relation to adoptions as well as illegal birth registrations are currently held by a number of agencies, including the HSE, the Adoption Authority of Ireland and also by private adoption agencies, maternity hospitals, private individuals and other sources. Information held by the Adoption Authority is primarily in relation to adoptions which took place since the Adoption Act...

Written Answers — Department of Children and Youth Affairs: Adoption Services Provision (26 Nov 2013)

Frances Fitzgerald: I propose to take Questions Nos. 564 and 569 together. Records in relation to adoptions as well as illegal birth registrations are currently held by a number of agencies, including the HSE, the Adoption Authority of Ireland and also by private adoption agencies, maternity hospitals, private individuals and other sources. Information held by the Adoption Authority is primarily in...

Ceisteanna - Questions - Priority Questions: Adoption Records Provision (12 Nov 2013)

Frances Fitzgerald: I am conscious of the concerns of those who are seeking information about their birth mother or a child given up at birth. The existing arrangements for those seeking access to information reflect a transition from complex and historical situations and I am anxious that the HSE implement much more improved and consistent arrangements for people in such circumstances. Quite a number of...

Written Answers — Department of Children and Youth Affairs: Adoption Records Provision (12 Nov 2013)

Frances Fitzgerald: I wish to refer the Deputy to my response to her Priority PQ No 47753 of today's date. The HSE has confirmed to me that they hold the following records at Glanmire: Sean Ross Abbey Mother and Baby Home approximately 7,500 records Bessboro Mother and Baby Home approximately 10,800 records St. Anne’s Adoption Society approximately 3,500 records HSE/Southern Health Board...

Written Answers — Department of Children and Youth Affairs: Adoption Legislation (19 Sep 2013)

Frances Fitzgerald: The Adoption Act of 1952, as subsequently amended, provided a legal basis for adoption in Ireland and for the establishment of the Adoption Board thereby bringing order to what had been the adhoc arrangements which had previously existed in lieu of formal adoption procedures. That Act was replaced most recently by the Adoption Act 2010 which also established the Adoption Authority of Ireland....

Written Answers — Department of Children and Youth Affairs: Adoption Records Provision (4 Jul 2013)

Frances Fitzgerald: ...have been transferred to the HSE Regional Adoption Service in Cork, from the Sacred Heart Adoption Society, which had responsibility for Bessboro, Co Cork, Sean Ross Abbey, Roscrea, Co Tipperary and Castlepollard, Co Westmeath. I am advised by the HSE that there has been very significant demand to access these files and consequently the HSE Regional Adoption Service in Cork has not been...

Protection of Life During Pregnancy Bill 2013: Second Stage (Resumed) (1 Jul 2013)

Frances Fitzgerald: This issue is about rights and responsibilities - the right to life of the mother and the right to life of the unborn child. These are rights that are enshrined in the Constitution, interpreted by the Supreme Court and confirmed by the people in two separate referenda. It is our responsibility as legislators to put in place legislation which vindicates both. It is our responsibility as...

Ceisteanna - Questions - Priority Questions: Adoption Records (9 May 2013)

Frances Fitzgerald: Anybody who has access to or who knows about private information or adoption records held in private hands should make that known to the authorities. I am glad that in the case cited by the Deputy, that was done. I accept the Deputy's point regarding the need for the legislation to have a proactive demand that files held elsewhere other than with the statutory authorities, and perhaps...

Report of the Expert Group on the Judgment in the A, B and C v. Ireland Case: Statements (Resumed) (17 Dec 2012)

Frances Fitzgerald: I am pleased to have the opportunity to make a statement on the report of the expert group on the judgment of the European Court of Human Rights in the case of A, B and C v. Ireland. I first wish to put on record my appreciation for the work of the expert group and in particular, that of Mr. Justice Seán Ryan, for the commitment, sensitivity and consideration the group has given to this...

Seanad: Adoption Bill 2009: Second Stage (17 Feb 2009)

Frances Fitzgerald: I welcome the Minister and the publication of the Adoption Bill 2009. Our current adoption law is outdated and has allowed confusion, insecurity and inconsistency to develop within the adoption system. I welcome the new legislation but it is difficult to praise the Government for introducing it when it is so long overdue. This Bill incorporates into Irish law the Hague Convention on the...

Seanad: Adoption Bill 2009: Second Stage (17 Feb 2009)

Frances Fitzgerald: ...of points I want to make about bilateral adoption. More than 4,000 foreign adoptions have been registered in the Republic since 1991. Some 400 of those children are adopted from Russia, China and Vietnam. I do not have time to go into all of the details but the Minister of State will be familiar with them. There is a problem that Ireland does not have bilateral agreements with some of...