Ivana Bacik (Independent) | Oireachtas source

I am also grateful to the Tusla officials whom Deputy Burton and I met yesterday. They helpfully explained to us how the information and tracing process is being carried out at present. They told us that the lack of a statutory basis for this work is frustrating for everyone who is trying to provide information. I think we all understand that. We understand the need for legislation of this sort. We understand the positive aspects of this law, some of which have been mentioned by Senator Kelleher. For example, the Bill will require private agencies to disclose information. Much of this crucial information is still being held by private adoption agencies.

It is clear that much of this Bill is positive. Although it is sorely needed and eagerly awaited, we cannot support it if it continues to overemphasise privacy rights above identity rights. If the first part of my amendment - subsections (1), (2), (3) and (5), which form the bulk of the opt-in process - is accepted, I think that will resolve the issue for most people. The reality is that very few birth mothers will assert privacy rights. I understand from Tusla officials that some birth mothers may do so, but the number will be small. In most cases, no objection will be registered. Many birth mothers have already sought this information. Not all adoptees want information. I think we can craft a mechanism that will cater for the small number of cases that will not be resolved by the unconditional right of access provided for elsewhere.

Deputy Burton and Ms Anne O'Meara have worked on a Bill to provide for redress for illegal adoptees. I understand there are 148 such adoptees. I ask the Minister to see whether it is possible for her to find a way of accepting the Informal Adoptions (Regularisation) Bill 2019, which has been proposed by Deputy Burton. The position of this small but important group of people needs to be resolved.