Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I am delighted to be in the Seanad to bring forward the Second Stage of the Adoption (Information and Tracing) Bill 2016. Some of my colleagues in this Chamber from former times are particularly aware of the importance of this Bill to the Seanad, especially in light of the work done by Senator Bacik, former Senators Jillian van Turnhout and Averil Power and others in respect of the forerunner to this legislation. It is really important for me, having been a member of this House, that it begins its journey here. This is the right place to start and I am really hopeful that we can move the Bill through with a great sense of urgency in order to be able to complete its passage in an appropriate timeframe, particularly as so many people have waited so long for it. I acknowledge the presence of the Adoption Rights Alliance and of one of our country's artists, who are strong advocates in respect of this issue.

The primary purpose of the Bill is to provide an adopted person with a statutory right to apply for his or her birth certificate information and his or her adoption order. Those of us who are not adopted may not completely appreciate the significance of this to people who are trying to find out more about their early lives. I have come to understand over the past 12 months that not having access to a birth certificate causes people great emotional and practical difficulty. In this regard, I believe the emphasis on identity rights is key. As people would be aware, I understand a little bit about the importance of identity rights from other perspectives and backgrounds.

The aim behind the Bill is to give adopted persons, birth parents and relatives a statutory right to an information and tracing service. The proposed legislation provides for structured and regulated access to information and tracing services for those affected by adoption. It also provides for access to information for adopted people, birth parents and others, and operates on the basis of a presumption in favour of disclosing information in so far as is legally and constitutionally possible.

Prior to the foundation of this State, the poor law Acts provided that children who were orphaned or deserted could be cared for in an institution or could be "boarded out" in the locality. This boarding out arrangement was continued in practice by local authorities long after the establishment of the State, along with more informal adoption arrangements and it was not until the 1950s that adoption legislation was enacted in Ireland – much later than many other countries. The Adoption Act 1952 provided important legal safeguards for adopted children and for their adoptive parents. At the time of its enactment there were considerable numbers of children whose care arrangements pre-dated the legislation and who did not come within the remit of the Act. Indeed such informal care arrangements continued to be made for children in the years following the enactment of the 1952 Act. In some of these informal care arrangements, difficulties have subsequently arisen when records have been sought from the authorities. In addition, the State now recognises that there were also children who were incorrectly registered as the children of people other than their birth parents. This could serve to remove any formal record linking a birth parent with his or her birth child. Persons who have discovered that they were incorrectly registered in this way have faced huge and sometimes insurmountable difficulties in obtaining accurate identity information.

Adoption has existed in varying forms throughout our history and by virtue of various motivations.In early society, it was motivated by a desire for continuity of the adopting family and the adopted person was often an adult and most likely male. In modern times, it has been more centred on the creation of a family between adopting parents and an infant or a young child. Currently, the most usual type of adoption in Ireland is an intercountry adoption of a child from overseas under the Hague Convention or the adoption of a child within his or her own family in what may be termed a step-parent adoption.

Today, adoption is primarily a child welfare and protection measure aimed at providing a child with a safe and stable family environment in those rare cases where the child’s parents cannot, for whatever reason, fulfil their parental duties and responsibilities. It is a statutory legal mechanism which transfers parental duties and responsibilities from one set of parents to another. Adoption involves providing a child with new legal parents, a new family and a new identity. Adoption has provided many children with secure and stable family units that would otherwise have been denied to them. However, we also now know that the absence of identity information can lead to lifelong difficulties for an adopted person.

Many parents whose babies were adopted have subsequently expressed a very understandable desire for information about, and sometimes for contact with, an adopted person who is now an adult. Equally, some parents who may have placed a child for adoption in similar circumstances have expressed no desire for such contact and, indeed, may be apprehensive about the implications of this Bill in the context of their own situation. I will come back to this issue later.

This Bill will ensure that, where such information is held by the State, individuals who were adopted as Irish children by US couples in the 1940s and in later years will have access to information about their adoption from this country. Many others who were not formally adopted, but in respect of whom the State may hold early life information, will also come within the remit of this Bill and will be entitled to engage with the information and tracing service to be provided by the Child and Family Agency. The Bill also provides that a person whose birth has been incorrectly registered will have an entitlement to avail of information and tracing services under the Bill in the same manner as any other applicant, although I do acknowledge that, in those circumstances, the goal of obtaining accurate and meaningful identifying information may be significantly more difficult to achieve.

The Bill recognises the fundamental importance of access to adoption records and information for adopted persons and for their families into the future. In anticipation of the Bill, the State has in recent years acquired a large volume of records from various adoption agencies and institutions, including St. Patrick’s Guild, Bessborough, Sean Ross Abbey and Tuam mother and babies home. These records are currently in the custody of the Child and Family Agency and will be transferred into the charge of the Adoption Authority when the Bill is enacted.

In addition, the Bill provides for the Adoption Authority, where the circumstances warrant, to issue a direction under section 8 of the Bill to a person who is in possession of a relevant record, directing that person to transfer the specified record or records to the authority for safeguarding. The Bill provides that the Adoption Authority is to be given responsibility for acquiring adoption records that are still extant, for assessing and restoring those records where necessary and for ensuring their preservation. It is essential the remaining records are appropriately assessed, catalogued and indexed in order to make the right to information meaningful and so that the records are accessible.

In a small number of cases, records may date as far back as the 1900s and may be the only available link to an applicant’s original family. Any assessment of these precious records must be carried out in a professional manner. To this end, I will be bringing forward an amendment to this Bill on Committee Stage to bring all adoption records within the remit of the National Archives Act 1986. This will help to ensure that the record-keeping of these documents is in keeping with current professional standards. The National Archives will be consulted and asked to provide assistance to the Adoption Authority in this regard.

The Bill also provides that a person seeking information may view his or her original records. Again, this is very important for those who have been trying to find out about their early lives. It is a tangible link with their past. Appropriate arrangements are to be put in place by the authority to provide for this. I want to ensure that the Child and Family Agency can provide a timely service which is respectful to applicants wishing to obtain information. The proper restoration, preservation and indexing of records is essential to achieve this objective.

I would like to clarify two issues in particular that have been raised with me regarding the Bill. The first concerns the issue of compelling reasons. This has been highlighted as a matter of concern during pre-legislative scrutiny of the Bill and representations have been made to me setting out these concerns. As a result of the recommendation of the Joint Committee on Health and Children, the Bill was amended to provide that the adjudication of compelling reasons rests with the Circuit Court rather than the authority. I wish to clarify that, under this Bill, where a birth parent has registered his or her details on the register of adoption contact inquiries, the Child and Family Agency will notify him or her in writing if an adopted person makes an application for birth certificate information. The birth parent will be advised that the information will be provided to the adopted person unless the Child and Family Agency is notified within 12 weeks by the birth parent that he or she considers that there are compelling reasons not to release this information. Compelling reasons are reasons, that having regard to all the circumstances, are likely to endanger the life of a person. Where the Child and Family Agency, having considered a submission, determines that there are compelling reasons to refuse to provide this information, it will refer the matter to the Circuit Court for determination. It is important to note that the Child and Family Agency will also consider any information otherwise available to it, either regarding the birth parent or the adopted person that may lead it to consider that there are compelling reasons for not disclosing information and, if it so determines, it will refer the matter to the Circuit Court. I look forward to hearing Senators' views on this issue.

Another matter that has been raised with me is the establishment of a new register of adoption contact inquiries. The Bill provides that Tusla, the Child and Family Agency, shall establish and maintain this register. The existing national adoption contact preference register operated by the Adoption Authority will be discontinued. However, all information relating to that register will be retained as an adoption record and may be used by Tusla to assist in tracing persons. Before the new register is established, each person who applied and whose details are on the old register will be contacted to advise them of the new register that is being established by Tusla, the Child and Family Agency, and to invite them to have their information recorded on the new register. If a birth parent has previously entered a preference for "no contact" on the old register, details of this preference will be transferred by the agency to the new register. The existing register is a passive register. Thus, where a person enters his or her details on the register no action is taken unless there is a match, that is, if, for example, an adopted person enters details on the register and these details are matched with those of a birth parent who previously registered.

Many of those who entered details on the register have since received the information sought or have succeeded in making contact and are no longer seeking an information and tracing service. Consideration was given to providing that all the information currently held on the existing old register would simply be transferred onto the new statutory register. It was decided that, as the new register provides for an active tracing service for applicants rather than the more passive matching service provided to date, a better outcome would be achieved by contacting those persons currently on the old register in order to alert them to the new active register and to invite them to provide an update of their current wishes in regard to seeking information together with or as well as contact, and to ascertain whether they wish to have information entered on the new register. A simple transfer of information would not achieve the same outcome and could run the risk of overburdening the information and tracing service from the outset.

Following extensive engagement with interest groups and Senators, I have decided to reflect further on some other issues in advance of the Bill progressing to Committee Stage. The question of whether an undertaking is necessary was raised with me by several people. The Bill provides that an undertaking not to contact his or her birth parent is required where a person who has been adopted prior to the commencement of the legislation is seeking his or her birth certificate information. This undertaking is required unless the birth parent or relevant guardian is deceased or have indicated that he or she is seeking to have contact with, or is willing to be contacted by, the adopted person. I am aware of the unease of many in regard to the need to give this undertaking and I would prefer to find an alternative solution which respects the rights of all of those involved.I am also aware that in many cases there is no objection on the part of a birth parent to the proposed release of birth certificate information. However, other birth parents who may feel unable to express their views publicly on this matter remain opposed to the release of birth certificate information on the grounds of privacy. It is fair to assume they are anxious that the provision of information will lead them to being identified. A number of social workers from the Child and Family Agency have been in touch with my Department alerting us to significant concerns in this regard. I do not want the Bill to cause further distress to anyone in this position and I have included measures which are intended to minimise such concerns. These include providing that a person who has registered on the register of adoption contact inquiries will be notified in the event that his or her child who was adopted applies for birth certificate information.

While I am mindful of the need to safeguard privacy rights in this Bill, I am also conscious that such rights must be considered in the context of the importance of identity rights of adopted persons. In particular, I acknowledge that the provision in the Bill obliging an adopted person to provide an undertaking before obtaining his or her birth certificate information has not been welcomed by adopted persons. I appreciate and understand the objections raised. I am taking legal advice and trying to find another mechanism which could help to protect privacy rights for birth parents without necessarily obliging applicants to provide undertakings. Subject to this advice, I hope I will be in a position to bring forward an amendment on Committee Stage.

An awareness campaign will be undertaken during the first six months after the Bill's enactment, which will publicise the provisions it contains. The campaign will alert a birth parent to the steps to be taken to ensure that he or she is notified in the event of his or her child who was adopted applying for birth certificate information. While I am mindful of the need to safeguard privacy rights, I am also conscious that such rights must be considered in the context of the importance of identity rights of adopted persons.

I am also considering whether amendments may be needed on Committee Stage in respect of providing for the further adoption of a child.The Adoption (Amendment) Bill 2016, which is awaiting Report Stage in this House, provides for the adoption of any child, including a child who is currently or previously adopted. This means that, for example, when the Adoption (Amendment) Bill is enacted, an adopted child may be placed for adoption by his or her adoptive parents and a further adoption with new adoptive parents can be effected. In such circumstances, it is possible that an adopted person may seek information about or contact with his or her previous adoptive parents in addition to information about his or her birth parents. It is also the case that previous adoptive parents may seek information about or contact with the person they had previously adopted. I am considering bringing forward amendments on Committee Stage to provide for this. I also signal my intention to bring forward a number of related amendments regarding the provision of the information and tracing service. These amendments arise in the main in Part 4, although there may be a need for some consequential amendments in other sections.

The role of accredited bodies will change in the context of the Bill. I am aware of the expertise and professionalism of those agencies that are currently accredited under the Adoption Act 2010 to provide information and tracing services. However, the advice I have received is that the transfer of information to non-statutory agencies may be inappropriate in the context of the provisions of the Bill. For this reason, I intend to bring forward amendments on Committee Stage to address this matter.

It is also my intention to bring forward, later in the year, new policy proposals for information and tracing services with respect to intercountry adoptions. It had been intended to include these provisions in the Bill but, unfortunately, this has not been possible. I have undertaken to bring forward the relevant policy and legislative provisions as a matter of urgency and a proposal to provide for an information and tracing service in respect of intercountry adoptions has been included in the current Government legislative programme. In the interim, the Child and Family Agency will continue with its current information and tracing service for applicants in respect of intercountry adoptions.

I am also considering observations on the Bill that I received from the Ombudsman for Children. In this regard, I may bring forward amendments at a later stage to address the issues raised.

I will now address the provisions of the Bill. Section 1 provides for the Short Title. Section 2 provides for the definition of certain terms. Section 3 provides that the Minister may make regulations for any matter referred to in the Bill, as prescribed or to be prescribed. Section 4 provides that expenses incurred in the administration of the Act are to be paid out of moneys provided by the Oireachtas. Section 5 provides that the authority and agency shall allocate moneys each year for costs arising from their respective obligations under the Act. Section 6 provides that a person may authorise another person to act on his or her behalf.

In Part 2, section 7 provides that the Minister may prescribe a person, who it is reasonably believed has made or has attempted to make arrangements for the adoption of a child, as an information source. Section 8 provides that an information source shall furnish a statement to the authority of the relevant records in its possession. This section also provides that the authority may issue a direction regarding the transfer of the relevant records from the information source to the authority. Section 9 provides that an information source or other person may transfer a relevant record to the authority, notwithstanding that it has not been issued with a direction to do so under section 8. Section 10 provides that the authority shall retain relevant records in respect of each person who is the subject of an adoption order and an information source shall transfer all relevant records to the authority within three months of an adoption order being made. This section also provides that where the agency creates or obtains a relevant record relating to a person who is or was the subject of an incorrect registration or was the subject of an informal care arrangement, it shall transfer the information to the authority.

Section 11 provides that the authority shall ensure that an index and a searchable electronic database of the adoption records is created and maintained. Section 12 provides that the authority shall grant access to the relevant records and to the index and database to persons authorised by the authority or agency. A person who applies for information under Part 5 may also apply to the authority for access to relevant records. Section 13 provides for the search powers to enable the authority to obtain copies of or extracts from relevant records at any place at which the authority believes a relevant record is being kept. This section also provides for the appointment authorised officers and the process for obtaining a warrant to enter any place and to exercise the functions an authorised officer.

Part 3 deals with the register of adoption contact inquiries. Section 14 provides that the agency shall establish and maintain the register of adoption contact inquiries to record the names and contact details of adopted people, birth parents, adoptive parents, relatives of adopted persons or birth parents to record statements made or deemed to be made and to facilitate the agency perform its functions under Parts 4 and 5. This section also provides that where a birth parent has recorded that he or she does not wish to have contact with the adopted person on the national contact preference register, this shall be deemed to be a statement made and recorded on the register. This section also provides that an application for information under Part 5 shall be deemed to be an application to be entered on the register.

Section 15 provides for the definition of certain terms used in Part 4. Section 16 provides that the agency shall provide a tracing service to locate a person specified in section 14 and to locate a person requested under section 20 to facilitate contact or where the location of the person is required or necessary for the provision of information under Part 5. Section 17 provides that the agency may request a person to provide it with information or access to information that is in the possession of the person, where the agency reasonably requires the information concerned to perform its functions under this Bill.

Section 18 provides that a relevant body may share a relevant record or information with another relevant body if that record or information is required by the other body for the performance of its duties under the Bill. The information shall be shared under a data exchange agreement, agreed to by both bodies, and the record or information shared shall not be disclosed other than in accordance with this Bill. The Data Protection Acts 1988 and 2003 shall apply to information shared under this section.

Section 19 provides that the guidelines may be issued for the purpose of providing practical guidance to the agency in respect of its performance under Part 4 and may include guidelines concerning the procedure to be followed for the purpose of locating a person and the records that are likely to be relevant for that purpose.

Section 20 provides that a person may request the agency to facilitate contact with a specified person and the agency shall, without undue delay, take all reasonable steps to locate the specified person and ascertain whether the person are willing to have contact with the requestor. Section 21 provides that the agency may authorise an accredited body to perform the functions of the agency under Part 4. As I indicated, this section may be amended on Committee Stage. Section 22 provides for the definition of compelling reasons as being where the provision of information, having regard to all the circumstances, is likely to endanger the life of a person. Section 23 provides that a relevant person, that is, an adopted person, a person who is or was the subject of an incorrect registration or a person who has been the subject of an informal care arrangement, may apply to the agency for information held by the agency or authority that relates to him or her, including birth relative information, birth parent information, early life information, medical information, provided items, birth certificate information, the name of his or her birth father, a copy of his or her adoption order, or other information that relates to him or the circumstances in which he or she became a relevant person.

Section 24 provides that the where the application relates to birth relative information, birth parent information, early life information or medical information, the agency shall provide this information in a statement in accordance with section 40. Where the application is for provided items, the agency shall provide those items to the applicant.

Section 25 provides that where a relevant person applies for birth certificate information or a copy of an adoption order, the agency shall provide the requested information where the birth mother is deceased or where the adoption was effected before the commencement of this section and there is no entry in the register in respect of the birth mother and the applicant has given an undertaking not to contact her.

Section 26 provides that where an application by a relevant person is for birth certificate information or a copy of an adoption order and there is an entry in respect of the birth mother or the adoption was effected after the commencement of this section, the agency shall notify the birth mother of the making of the application and inform her of her entitlement to provide compelling reasons as to why the information should not be provided. She shall also be informed of the entitlement to support and guidance for both her and the applicant. Where the birth mother provides a statement of compelling reasons, the agency shall determine whether there are compelling reasons, having considered any other information available that is relevant. Where the agency determines that there are compelling reasons, it shall seek the approval from the Circuit Court of its determination. Where the agency determines that there are no compelling reasons, it shall inform the birth mother of its determination and of the right to appeal to the Circuit Court. Where the Circuit Court has made a decision on a matter before it, the birth mother, agency, or applicant may appeal to the High Court on a point of law. Where the birth mother has not availed of her entitlement to provide compelling reasons or the agency has determined there are no compelling reasons and all appeals, if any, have confirmed this determination, then the information shall be provided to the applicant. Where the birth mother has recorded that she does not wish to be contacted and the adoption was effected before the commencement of this section, the information shall only be provided where the applicant gives an undertaking not to contact the birth mother.

Section 27 provides for provision of the forename and surname of the applicant’s birth father in circumstances where the birth father is deceased or where the birth father was consulted under section 7E of the Adoption Act 1952 or section 17(2) of the Adoption Act 2010 and where there is no entry in the register in respect of the applicant’s birth father and the applicant has given an undertaking not to contact him.

Section 28 provides that where an application by a relevant person is for the forename and surname of their birth father and there is an entry in the register in respect of him or the adoption was effected after the commencement of this section or if the information appears to be contained in a relevant record, the agency shall notify the birth father of the making of the application and inform him of his entitlement to provide compelling reasons as to why the information should not be provided. He shall also be informed of the entitlement to support and guidance for both him and the applicant. Where the birth father provides a statement of compelling reasons, the agency shall determine whether there are compelling reasons having considered any other information available. Where the agency determines that there are compelling reasons, it shall seek the approval from the Circuit Court. Where the agency determines that there are no compelling reasons, it shall inform the birth father of its determination and that he may appeal the determination to the Circuit Court. Where the Circuit Court has made a decision on a matter before it, the birth father, the agency, or the applicant may appeal to the High Court on a point of law. Where the birth father has not availed of his entitlement to provide compelling reasons or the agency has determined there are no compelling reasons and all appeals, if any, have confirmed this determination, then the information shall be provided to the applicant. Where the birth father has recorded that he does not wish to be contacted and the adoption was effected before the commencement of this section, the information shall only be provided where the applicant gives an undertaking not to contact the birth father.

Section 29 provides that where an application is made under section 23(2) for other information relating to the applicant, birth parent or relatives or relating to the circumstance in which the applicant became a relevant person, the agency shall locate the person to whom the information relates and provide a statement to the applicant where the person concerned has consented to the release of information, is deceased or where the provision of the information has been authorised under section 43.

Section 30 provides that an adopted person may apply for the provision of the forename and surname of a person who is, in relation to them, a relevant guardian, and the information shall be provided where the relevant guardian is deceased or where there is no entry in the register in respect of the relevant guardian and the applicant has given an undertaking not to contact the person.

Section 31 provides that where an application is for the forename and surname of a relevant guardian and there is an entry in the register in respect of the relevant guardian or the adoption was effected after the commencement of this section, the agency shall notify the relevant guardian of the making of the application and inform him or her of his or her entitlement to provide compelling reasons as to why the information should not be provided. He or she shall also be informed of the entitlement to support and guidance for him or her and the applicant. Where the relevant guardian provides a statement of compelling reasons, the agency shall determine whether there are compelling reasons having considered the relevant guardian's statement and any other information available that is relevant. Where the agency determines that there are compelling reasons, it shall seek the approval from the Circuit Court of its determination. Where the agency determines that there are no compelling reasons, it shall inform the relevant guardian of its determination and he or she can appeal to the Circuit Court. Where the Circuit Court has made a decision on a matter before it, the relevant guardian, the agency, or applicant may appeal to the High Court on a point of law. Where the relevant guardian has not availed of his or her entitlement to provide compelling reasons or the agency has determined there are no compelling reasons and all appeals, if any, have confirmed this determination, then the information shall be provided to the applicant. Where the relevant guardian has recorded that he or she does not wish to be contacted and the adoption was effected before the commencement of this section, the information shall only be provided where the applicant gives an undertaking not to contact the relevant guardian.

Section 32 provides that a birth parent or relevant guardian of an adopted person over the age of 18 years may apply to the agency for the provision of information relating to the adopted person. The agency shall provide a written statement where the adopted person has consented to the provision of information or where, having taken all reasonable steps to locate the adopted person, the agency is satisfied that the adopted person is deceased or the provision of the information has been authorised under section 43.

Section 33 provides that the birth parent of an adopted child may apply to the agency for the provision of information or items, such as information about the child’s health, social and educational development and general well-being as well as letters, photographs and mementoes. On receipt of an application, the agency shall inform an adoptive parent of the request for information or items for transmission to the birth parent. The adoptive parents shall not be obliged to provide information or items, nor is the agency authorised to disclose the identity of the adopted child or adoptive parent, to the birth parent. If the adoptive parent agrees, the information or items shall be provided and an arrangement may be entered into between the adoptive parent and birth parent regarding the transmission of information or items.

Section 34 provides that a birth parent of a person who is or was the subject of an incorrect registration or informal care arrangement may apply to the agency for information. The agency shall conduct enquiries to establish whether the person concerned is or was the subject of an incorrect registration or informal care arrangement. Where the agency is satisfied that this is the case, it shall inform the applicant of this and take all reasonable steps to locate the person concerned. Having done so, the agency shall provide a statement of the information applied for if the specified person consents or if it is satisfied that the person is deceased or the provision of information has been authorised under section 43.

Section 35 provides that an adoptive parent of an adopted child may apply for information and items relating to their adopted child, such as information about the child’s health, social and educational development and general well-being, as well as letters, photographs and mementoes. On receipt of an application, the agency shall inform a birth parent of the application and request that he or she provide information or items for transmission to the adoptive parent. The birth parents shall not be obliged to provide information or items, nor is the agency authorised to disclose to identity of the birth parent, to the adoptive parent. If the birth parent agrees, the information or items shall be provided and an arrangement may be entered into between the birth parent and adoptive parent regarding the transmission of information or items.

Section 36 provides that an adoptive parent of an adoptive child may apply to the agency for birth relative information, birth parent information, early life information, medical information or provided items, and the agency shall provide that information or items that are held by it or the authority. Section 37 provides that an adoptive parent of an adoptive child may apply to the agency for birth certificate information or a copy of an adoption order. On receipt of an application the agency shall take all reasonable steps to locate the birth mother, and the information shall be provided where the birth mother consents, or the agency is satisfied that she is deceased, or the provision of information has been authorised under section 43.

Section 38 provides that an adoptive parent of an adoptive child may apply to the agency for the forename and surname of the birth father. On receipt of an application, the agency shall take all reasonable steps to locate the birth father, and the information shall be provided where the birth father consents, or the agency is satisfied that he is deceased, or the provision of information has been authorised under section 43.

Section 39 provides that the relative of a relevant person or birth parent may apply to the agency for information held by the agency or authority relating to the specified person. The agency shall take all reasonable steps to locate the specified person, and provide a statement to the applicant where the person concerned has consented to the release of information, is deceased, or the provision of the information has been authorised under section 43.

Section 40 provides for the provision of a statement setting out information contained in relevant records held by the agency or by the authority. All statements shall be in writing, and shall set out a statement as to the nature and likely accuracy of the relevant records. Where medical information is to be provided, it may be provided to the applicant by a registered medical practitioner, and not in a written statement.

Section 41 provides for the undertaking given to the agency by the applicant not to contact or attempt to contact the birth mother, birth father, or relevant guardian concerned, or make arrangements with another person to do so. As I stated earlier, this provision may be the subject of further amendment on Committee Stage.

Section 42 provides for the process of obtaining the consent of a person, where required, for the provision of information to an applicant. The consent shall be in writing and may be to the provision of all of the information or document, part of the information or document. This section also provides that the consent may be withdrawn before any information is provided.

Section 43 provides that where the agency cannot locate a person for the purposes of Part 5, despite having made reasonable efforts, it may request the Minister to authorise the provision of information to an applicant.

Section 44 provides that the agency may refer any question of law arising on an application under this part to the High Court for determination, and the matter may be heard in private.

Section 45 provides that the agency shall provide support and guidance to a person who applies to make an entry in the register, who requests the facilitation of contact with a specified person, who makes an application for information under Part 5, or where the person is specified in an application under Part 5. The agency shall publish guidelines regarding the provision of support and guidance.

Section 46 provides for offences, such as concealing, destroying, mutilation or falsifying a relevant record and failing to comply with a direction of the authority under section 8.

Section 47 provides for an amendment to section 14(a) of the Adoption Act 2010 to insert that the mother or guardian will be advised of the effect of this Bill when the explanation of the effect of an adoption order is provided. This is at the stage of the adoption where the mother or guardian is proposing to place the child for adoption.

Section 48 provides for an amendment to section 17(2) of the Adoption Act 2010 to insert that the father or non-relevant guardian will be advised of the effects of this Bill when they are consulted in relation to an adoption.

Section 49 provides for an amendment to section 37 of the Adoption Act 2010 to insert that the information, advice and counselling provided to prospective adoptive parents shall include the effects of this Bill.

Section 50 provides for an amendment to section 96(1) of the Adoption Act 2010 to insert that the functions of the authority include performing the functions conferred on it by this Bill.

Section 51 provides for an amendment to section 8 of the Child and Family Agency Act 2013 to insert that the function of the agency includes performing the functions conferred on it by this Bill.

Section 52 provides that the State, the authority, the agency, members or former members of the boards of the agency and authority, and employees and former employees of the agency and authority shall not be liable in damages in respect of any act done or omitted to be done in the performance of their duties under this Bill, unless the act or omission was done in bad faith.

I thank Senators for their support for, and engagement with, the Bill and for going through the lengthy provisions on the Bill. I look forward to our debate, and I commend the Bill to the House.