Colm Burke (Fine Gael) | Oireachtas source

If they had been in the same party they might have met earlier. When they are together one can see that they are sisters. They were put into foster care and had not been adopted yet it took them until they were in their 70s to find each another. This brings home the reason change is needed in this area.
I refer to the recent Supreme Court judgment in the case of I.O'T v. B which states:

That in view of the caution to be exercised with regard to the duty of ascertaining and declaring what were the personal rights of the citizen, other than those specified in the Constitution, it was incumbent on a court declaring such a right to do so in clear and explicit terms. It was only a right that had been so declared that could be regarded as a right guaranteed by the Constitution. It was not permissible for any court to imply from the existence of a right guaranteed by the Constitution, whether from the specified terms thereof or as a result of a declaration by the superior courts, the existence of any other right in the absence of a declaration by the superior courts of the existence of that other right.

We have allowed the courts to deal with this issue for far too long. It is time to move on and to bring in the necessary legislation to set up a proper structure and procedure for dealing with providing the information to people who have been adopted but also providing the information to the natural parents. There are two sides in this matter and it is important that both are catered for.
The Government is considering bringing forward legislation but this Bill could be a means of progressing the debate. If change is not introduced in the lifetime of this Government, progress will be delayed for two or three years. The Bill proposes procedures for the adoptee's right to apply for a birth certificate to the General Registration Office, that the Adoption Authority of Ireland will be notified and it must make reasonable efforts to contact the natural mother and father, where known, and to advise them of the request. The natural parents will be advised that their child's records will be released and a reasonable period of time is allowed. It is important that a reasonable period of time is allowed and this legislation provides that balance in allowing time for both sides to deal with the issues and that everything is above board. This legislation will provide a way forward. I agree it needs to be fine-tuned and that we will probably need to bring forward amendments. We can no longer allow the situation to remain as it is. This Bill is one of many steps that will be required to arrive at properly structured legislation. The General Registration Office will be crucial in setting up the structures and it will need to be adequately resourced in order to deal with the issues arising.
I welcome the Bill and it has my full support and I hope it will be a means of bringing this matter to a conclusion during the lifetime of this Government.