Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I thank Senator Boyhan for raising this Commencement matter today and I thank the Cathaoirleach for selecting it. The Senator has a direct question that quite rightly, deserves a direct response. The Minister, Deputy O'Gorman, and his officials are actively considering the contents of the report in advance of bringing it to Government and publishing it. The Minister intends to engage with individuals affected by illegal birth registrations on the report in due course. The Minister has the report and is actively working on it. He will bring the report to Government in due course.

Out of courtesy to the Minister, I will read the departmental script into the record.I thank the Senator for raising this issue, which falls under the policy remit of the Department of Children, Equality, Disability, Integration and Youth. Regrettably, the Minister, Deputy O'Gorman, is unable to attend today, so I am happy to respond to the matter raised on his behalf.

The Minister is conscious of the complexity of issues and emotions that have arisen for individuals because of their illegal birth registration. He is also aware of the many practical issues and questions that have arisen for them. I know he has met with many of the individuals impacted. He listened to their concerns and is committed to bringing about a change that works for them. That is a welcome and refreshing approach from the Minister.

We know that, for some people, it has not been possible to give them access to their birth information without the consent of the parent named on the birth certificate. This is why it is an absolute priority for the Minister and for the Government to bring forward the proposed birth information and tracing legislation. With respect to the report that the Senator refers to, in March 2021, the Minister asked the special rapporteur on child protection to consider the challenges that arise regarding illegal birth registrations and to propose an appropriate course of action. The Minister has now received this report from the special rapporteur entitled, Proposals for a State Response to Illegal Birth Registrations in Ireland.

The Minister and his officials are actively considering the contents of the report in advance of bringing it to the Government and publishing it. In January 2021, the Minister established an interdepartmental group to consider issues arising in regard to the St. Patrick's Guild cases following publication of the Final Report of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters. The purpose of the interdepartmental group was to develop a set of integrated proposals to address the issues arising for those affected by illegal birth registrations, across a range of areas including, in particular, birth registration, identity, parentage and inheritance. These proposals are, in turn, reflected in Part 7 of the general scheme of the Birth Information and Tracing Bill, which was published on 11 May last.

The Minister recently concluded a consultation process with the relevant individuals. The purpose of this consultation was to ensure that the legislative proposals adequately take account of the issues facing them. The consultation was highly productive, with a range of themes emerging from this process helping to inform the drafting of the birth information and tracing legislation. This vitally important draft legislation will, when enacted, provide access to birth certificates and birth information for adoptees, persons whose births were illegally registered and other persons who have questions on their origins. The proposed legislation will also address access to records containing birth and early life information, provide a statutory basis for tracing services, and provide for safeguarding of relevant records.

The general scheme takes account of the specific issues facing people who are the subject of an illegal birth registration regarding their birth registration and identity documents. It also addresses the recognition of parentage in respect of the persons who raised them. I work with the Minister, Deputy O'Gorman, as a colleague in the Department of Children, Equality, Disability, Integration and Youth. He is fully committed to the process. I have never met a person more intent on ensuring that the truth is laid bare and that people have the right to know. That is the Minister's whole purpose.