Victor Boyhan (Independent) | Oireachtas source

I warmly welcome the Minister to the House. I particularly like to see her here and believe she has an amazing record in this whole area. She has been a wonderful advocate for children generally. This Bill will be one of the cornerstones of her policy legacy and I know she is anxious to get it right. In previous debates about the Adoption (Amendment) Bill, she has delivered in separating the two issues which are interlinked in many ways. I thank her for a comprehensive speech in which she outlined she would table further amendments. This shows she is a Minister who is constantly engaging in and thinking about the process to see how it can be tweaked. The more conversations we have with people and the more we hear personal stories and testimonies, the more we change our perspective. That is the nature of this very complex issue in which there is no case that fits all.

We all agree the most important and right place for children is with their parent or parents, or with their extended family, where they feel secure and safe and, in the word the Minister used, connected. What is paramount in everything to do with children in legislation is what is best for the child. That always has to be to the fore of any legislation dealing with children and their well-being. It is about feeling safe and connected, knowing who one is, where one belongs and the road one has travelled, even though it will have broken sections. This legislation attempts to provide a real structure and legal basis for adopted people who wish to get information and trace from where they have come. The other important line is about balancing the rights of all those involved, which is tricky. I acknowledge the Minister's personal commitment and advocacy in this role. It has been outstanding and is shown with this critical legislation.

The Oireachtas has a wonderful library and research service team which produced a digest for the Adoption (Information and Tracing) Bill 2016. I spoke to two Ministers recently who told me they never read a digest about a Bill they had before the House. Is it not extraordinary that they had never taken the time to use this in-house service? Is it not extraordinary that a clever politician, whether in the Dáil or Seanad, would not go into the Library before coming into the Chamber to read the digest for a Bill?

From the pre-legislative scrutiny committee hearing, the digest identified 12 key points about this legislation which it flagged with red, amber and green lights. It is interesting there are some red lights which assists us in our work. One point was balancing the rights of identity with the rights of privacy. The digest stated:

The general scheme of the Bill makes a "presumption in favour of disclosure of adoption information". However, it also makes provision for non-disclosure of adoption information in cases where there are "compelling reasons, such as may endanger the life of a person".

What is meant by "compelling reasons"? "Compelling" is an open word. Will the Minister share some detail in that? Conversely, the digest stated, "The committee recommended that compelling reasons for disclosing adoption information should equally be considered, including an adoptee’s need for accurate family medical history and genetic information if they seek medical treatment." It is interesting the digest has a red flag on this. The Minister touched on it earlier on and she might give us some feedback on that.

I do not know where to start with the role of Tusla. The digest outlined:

The general scheme of the Bill outlines Tusla’s role in providing a centralised, streamlined and standardised adoption information service. However, the committee was also aware of current delays in delivering certain adoption services and is concerned about the possibility of further delays in providing information and tracing services in the future. Service delivery is time sensitive.

Again, serious concerns were expressed as to whether Tusla has the expertise, sufficient staff and the resources to deal with this. The Minister's response was that the issue of resources would be kept under regular review. That is not sufficient. We need assurances from the Minister in this regard. Will the necessary resources, professional staff and all the people around this sensitive area be in place?

The general scheme provided for a 12-month awareness campaign prior to the introduction of the new adoption information register. The committee suggested a shorter, more intense information campaign. While I have no difficulty with a six-month campaign, the Minister would need to redouble the efforts with a more intense education and instruction programme. Again, that was a concern raised by the pre-legislative scrutiny committee.

Given the likely increase in demand for counselling services, advice, mediation and support services, the committee raised serious concerns about resources. Again, the response was that the issue of resources would be kept under regular review. If all this legislation does not have the teeth, the power, the money or the resources to see it through, then we are wasting our time. We need reassurances on this.

The digest stated:

The committee recommended extending the period for appeals from 14 to 28 days [at a minimum]. The committee also recommends allowing appeals to be heard in the Circuit Court rather than the High Court.

That is reasonable and fair. I believe the Minister reflected that in her final draft of the legislation.

The independent oversight of the new information tracing system is critically important. This was also emphasised by the pre-legislative scrutiny committee. It was noted in response by the Department but that is not enough. What oversight process is planned for this?

There also needs to be a clear definition of "relative". Where does a cousin come into this? The committee expressed some concerns, stating it should be further expanded to include other members of the family.

I support the Bill in principle but I see the potential for several amendments. I already have some half-drafted. I thank the Minister for this Bill and much work has been done on it. The whole issue of competence and resources around Tusla and the other agencies involved will be critical to ensure this Bill is successful.