Alice-Mary Higgins (Independent) | Oireachtas source

I will speak to the section but I first want to acknowledge that there have been attempts to move forward on certain aspects of this Bill. The removal of the undertaking is important and should be acknowledged. I know that this was difficult to achieve and that the concession was hard won. There are also attempts to make the process more functional but there are principles and points of principle in respect of which there is division. When we look to information and tracing, some of the points raised by Senator Bacik could potentially be compatible with the requirements the Minister is trying to meet, and with the principles and objections. The Minister referred to an attempt to minimise and streamline this process, recognising that, in his or her private life, a birth parent may be for or against contact. No assumption should be made in that regard. As I understand it, a six-month time limit applies to the process. This is regarded as a reasonable period and it gives those in very particular circumstances and others involved in a case the opportunity to go the Adoption Authority of Ireland.

A general advertising scheme such as that which Senator Bacik proposes to put forward may have the potential be able to meet the collective requirement for a period of notice, particularly as, in the context of the Bill, future adoptions will occur under a different set of criteria. There is an assumption of access built in so we are dealing solely with a set group when it comes to historic access. A general advertising scheme by means of which people who wish and choose to can self-identify and then seek a process of whatever kind to vindicate their rights may be more appropriate than an ongoing process in which, for time immemorial, any adopted person seeking his or her information will trigger a set of specific queries about his or her birth mother and father. In the past day or two many, adopted people have stated that they do not necessarily want the fact that they have looked for their birth information to go to the birth mother or birth father. They may not wish them to know they are in the country. Who knows what they feel? Providing an adequate collection solution would address those individual privacy issues. Senator Bacik was not able to propose this scheme without sight of the Government amendments but it may address the process or kind of process the Minister is proposing and could be worth considering. It could take us forward in leaps and bounds. Once a set period has been undergone, unless particular objections have been raised, it would be generally assumed that people would access their information in a more natural way at a time of their choosing. We must bear in mind that people sometimes seek this information for specific and time-sensitive reasons.

I rarely talk about resources in this regard, except when talking about getting rid of tax reliefs. In this instance, rights must take precedence over resources. Nonetheless, an approach such as that set out by Senator Bacik would free up resources for those who are using that second half of the Bill, which deals with tracing, where birth parents and adoptees are seeking each other. It would allow for a bigger allocation of resources to ensure support for those situations where two or more parties are actively seeking one another.Perhaps this is the advantage of finishing the debate at 6 p.m. I would like the Minister to seek advice and test the potential of a collective time band solution. That relates to section 2(1) and the timeline by which measures are put in place. A certain section of the Bill may be commenced before others to facilitate those other sections coming into effect. It may affect the timing. We may need to bake that into the Bill.

I know the Minister is very keen for this to move forward but there is another general issue. In a situation where another Minister inherits this Bill after its passing, there may be a question around section 1 and whether we want to build in time caveats. We do not want this Bill to move through this process and be substantially improved to better reflect the concerns the Minister is hearing today only to sit on a shelf and not move forward. I have outlined some thoughts on section 1. There is scope to fulfil what I know the Minister is trying to fulfil and, crucially, to address the one point that arises more than any other. We will address it later in the definitions of "personal" and "early". I refer to the birth certificate specifically. Even with the advertising campaign, we should ensure that birth certificates will be available. That particular crucial document should become immediately available or there must be a collective consultation. I thank the Minister.