Seanad debates

Wednesday, 24 September 2014

Civil Registration (Amendment) Bill 2014: Report and Final Stages

 

1:55 pm

Photo of Kevin HumphreysKevin Humphreys (Dublin South East, Labour) | Oireachtas source

The debate this afternoon outlines the problems very clearly. There is unanimity on the matter. If we made this amendment now, people would see change out of the blue without having had an opportunity to discuss the matter and engage in proper consultation.

The adoption (information and tracing) Bill is a priority, not only for me but also for the Tánaiste. We will certainly consider putting in place the resources needed to ensure that Bill will go through. It is a priority of the Government. It is probably the best vehicle for dealing with this matter. It can be flagged at a very early stage. It will give an opportunity for what I would say is a proper consultation period in which the pros and cons can be discussed and argued without any preconceptions. One should enter the process with an open mind and everybody's views should be heard. This should be a proper and healthy debate because the priority of everybody is the child in the case of adoption. When we deal with this matter in the House, the very first objective is to put the child at the forefront.

Ireland has changed and is changing very quickly. Views have changed since I was a young man. I do not attach any stigma to adoption and I look forward to the day on which there is absolutely no stigmatisation. Unfortunately, in certain generations the fact that a child is slightly different can result in bullying in the schoolyard, as Senator Mooney said. Differences can be very mild. A slight difference isolates a child in the schoolyard, and this can result in his being bullied. We have to be conscious of it.

We must also be very conscious of the child's rights. It was highlighted on Committee Stage that the abridged certificate may in some cases facilitate parents in hiding from the child the fact that he or she is adopted. However, this amendment would have an immediate consequence for everybody adopted and his or her family. It would remove the ability that currently exists for parents to opt for the abridged certificate. It would remove from them the choice regarding when and to whom they should disclose personal information. For many people, losing this choice may not be an issue but for others it could be a great concern.

I can only speculate on people's views because there has not been broad consultation on this issue. Therefore, I am not prepared to accept the amendment. I noted very clearly the Senators' concern and passion. I have examined international best practice on this matter and concluded there should be a balancing of rights. My view is that the child comes first. My Department has written to the Department of Children and Youth Affairs advising officials who are currently engaged in reviewing the Adoption Act 2010 and it has indicated this matter will be examined in the context of the review. For this reason and many others, I do not support the amendment. However, I thank all the Senators for their engagement on this. It is a very important issue that merits consideration and consultation. We must remember this is quite a technical Bill covering a wide range of areas. Without sufficient consultation, I am not prepared to accept the amendment. It will be dealt with more properly in the information and tracing legislation and in the revisiting of the general discussion on the adoption of children.

Let me move away from the amendment briefly. Senator Healy Eames has arrived. I commend her on the amendment that was passed on Committee Stage on the registration of foreign deaths and the role she played in that regard.

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