Seanad debates

Wednesday, 17 May 2017

Adoption (Information and Tracing) Bill 2016: Second Stage

 

10:30 am

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

I thank the Senator for staying this long.

I will only say a few things now as we will have a lot of time to cover this ground in the following Stages. It is great that we are completing the Stage now. That is wonderful and I thank the Senators for staying along with me to do that.

As I began my remarks by saying I have a sense of urgency in regard to this legislation, I would like to move it as quickly as possible through the Seanad. As all of the Senators spoke, from Senator Daly to Senator Norris and everyone in between, it struck me that it will take a lot of work and great determination on all our parts in order to move it through as quickly as possible. There are a lot of issues regarding the Bill even as it stands and I acknowledge that.

I thank all the Senators for welcoming the Bill and the work that went on to bring it to this point. Over the last number of years, and particularly the last year or year and a half, the officials in my Department have worked non-stop on this Bill, listening to the different concerns and putting it together, working with the Office of the Parliamentary Counsel. It has been a huge undertaking. It has been very complex.

Up to this point, the officials have tried to be as open as possible in order to take on board the comments and constructive criticisms. In light of the Senators' comments, I am struck that we still have a distance to go. I am committed to do that as quickly as possible. We might have some meetings with Senators before we get to Committee Stage but I ask for co-operation to put together a pragmatic, idealistic, human rights approach towards bringing this Bill to conclusion. Many of the Members in the Seanad may operate that way but we must do our very best to get the best for people who are adopted. I am committed to that. I do not see this as a solo run on my part or on the part of the Department in any way. I hope and believe that we can achieve this through cross-party and Independents working together. I promise to do all that is possible to move this through the Seanad.

I know many Senators welcomed generally that we have come to this point. Some are more positive than others about the way the Bill is structured, its outline and components, and I appreciate that. I heard some deep concerns about compelling reasons, even in sharing the speech here, going through the different types of people who can offer compelling reasons.We have to do that piece of the Bill right, because there may be many people who can identify compelling reasons, or otherwise, depending on where we go in respect of that issue.

I also want to acknowledge the contributions of Senators Warfield, Bacik and others in raising questions, especially around the human rights approach and the issue of trust in respect of adopted people. The Bill needs to reflect that we trust them. In order to do that, changes may need to materialise but we need to work hard to identify the most important changes.

Some Senators really challenged that the Bill as it stands might have a presumption in terms of privacy rights rather than identity rights. We acknowledge that it is still important to find a way to ensure acknowledgement and protection of privacy rights in addition to identity rights. Perhaps we have not achieved the proper balance yet.

At the same time, there needs to be balance. Many Senators, including Senator Boyhan, raised the issue of Tusla and resources. Senators referenced money and social workers, etc. What I can say for now is that I have already raised that with the agency. Tusla has done considerable work already in terms of identifying what the agency needs and, in particular, the number of people needed in the agency, including social workers, among others. Within 2017 and 2018 I am committed to seeking the additional resources to do that. I have asked Tusla to undertake business case scenarios in the context of reducing the waiting lists and the time it takes to get information. This is relevant in the context of the Adoption (Information and Tracing) Bill as well as in the context of the issues that have emerged with mother and baby homes. People want to have information and need to be able to trace it. Tusla will play a key role in this regard. We are aware of the need to prepare for this. Indeed, preparation has already begun.

I appreciate the comments welcoming the amendments relating to placing information in the National Archives. The points at issue include the provision, protection and preservation of information.

I am keen to reflect on all the comments and issues raised. I trust it is the hope and intention of everyone that the Bill reflects that we have moved into a new era and culture whereby we respect the separation of church and State. I have spoken on this question in the context of the Tuam issue. I was struck by the comments of Senator Bacik and how she coupled that issue with the question of trust and adopted people. That may be another manifestation. We have an opportunity with this Bill to provide another manifestation of or example that we are in that era.

Having said all those words, it may sound as if it is an easy task but I am aware that it is not. I appeal to Senators for their co-operation and for them to work with me. I expect that we will be able to achieve more than what we have now. It will involve some compromise but I hope we can get to a place where we are all happy.

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