Frank Feighan (Fine Gael) | Oireachtas source

I welcome the Minister to the House to discuss this important Bill. I also feel that the agreement to allow the deferral of the Committee Stage of the Adoption (Information and Tracing) Bill 2016 today is very welcome. It shows that there is cross-party support. I thank all of the members of the public and all of the various agencies involved on their engagement. Many of us in this House were not aware of the considerable debate in this area. It is nice to see the people taking the time to engage with us. It is also nice to see that, cross-party, people have listened. That is the right way forward.

The matter of adoption is a sensitive issue and one that we must carefully consider. There has been much debate about the contents of this Bill. That has focused on the balance between the right to privacy and the right to information on identity. I hope and believe that this Bill will strike the correct balance between these rights. Nobody wants to see a return to the past where the adoption process was shrouded in secrecy. I believe this Bill will allow us to move forward in providing information to adoptees. Much more consultation is needed.

I also welcome the fact that the Minister spent time considering this Bill in conjunction with the Attorney General to determine the best and most efficient way to expand access to information for adoptees. That is to deliver a comprehensive and much-needed Bill. I understand that the Attorney General is in The Hague. It is nice to see that it is possible to get information turned around, even given that situation. Sometimes we complain about various Departments, but I would not, however, like to be in The Hague on other business and then have to try to deal with this issue as well. This shows that at least something works in government. This is an issue that is probably way above my pay grade.

I turn to the issue of whether this matter should be put to referendum.However, it was determined that this legislation would provide the quickest resolution of the matter. Like most referenda, a constitutional referendum has the potential to be a painful process for those directly involved. I believe the adoptees do not want to be the subject of a national referendum debate on such a deeply personal and emotive issue. When the question is put to the people in a referendum, sometimes it is not that question that is answered. We have seen what happened in the Brexit referendum. People may not like the Government or somebody might make a persuasive argument and use the opportunity to vote on a different issue. This is the right way to go forward.

I also welcome the fact that concerns raised by individuals and organisations are being addressed by the Minister. I thank Senator Bacik for bringing forward proposals that have been taken on board, most notably through the removal of the provision that some adoptees had to sign an undertaking that they would not attempt to contact their birth parent. Instead all birth parents will be contacted to clarify the position regarding contact.

Concerns were raised about the role that Tusla would play under the legislation, and Senator Marie-Louise O'Donnell articulated that point well. However, I believe that Tusla will be equipped and ready to carry out its duties when called upon. Setting up a different agency may not be the correct approach but I am willing to listen to all views. I agree with the Senator that we must ensure that Tusla has the ability sanctioned by law to gain and share information but it also needs people on the ground. The agency needs the resources to deal with this very difficult issue. I have full confidence in the Minister and I know that concerns regarding this Bill are being treated with utmost respect and consideration. This is reflected in the passage of the Bill through the Seanad.

I also recognise that this Bill has been needed for 20 years. It will allow for the first time a statutory basis for information and tracing methods for all parties. This is needed and wanted by many people on this island. I hope that the deliberations by all sides in the coming weeks will give us a Bill will stand the test of time.