Finian McGrath (Dublin North Central, Independent)
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Question 195: To ask the Tánaiste and Minister for Health and Children if she will reply to a query (details supplied); and if she will make a statement on the matter. [20406/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Deputy has raised a number of matters which relate to legislation currently being drafted to update the arrangements for adoption in Ireland in line with best practice, current administrative arrangements and Ireland's commitment to the ratification of the Hague Convention on the Protection of Children and Co-operation on Intercountry Adoption.

I will first outline the current administrative arrangements that pertain regarding the release of adoption records in Ireland.

∙The Adoption Board can and does release original birth certificates to adopted people based on applications received from adopted persons and the co-operation of the original placing agency. In only a small number of cases are such applications refused. The process involves contacting the original agency and working to support the applicant with the support of HSE services.

∙In 2003, 39 applications were approved, 55 were awaiting further information from elsewhere and 3 were refused.

∙In 2004, 53 applications were approved, 30 were awaiting a report from the placement agency and 4 were refused.

In addition, to these administrative arrangements, the Adoption Board operates an administrative mechanism which allows people affected by adoption to register their preferences on whether they want to be contacted. Joining the Contact Register does not preclude an adopted person from applying for the release of their original birth certification. In fact, many adopted people have been made aware of their right to apply for the release of their original birth certificate when making inquiries to the Board about joining the register.

This is a single register which allows the Adoption Board to identify individuals whose names are entered on the register who have expressed a preference to have contact with one another. This is operating successfully. There is no "veto" register and no offences related to an individual's choice of whether to be included on the register or not or whether to agree to contact subsequently. The Register is an addition to the existing tracing/reunion services run by the HSE Regional Adoption Services and registered adoption societies. It is anticipated that the legislation currently being drafted will reflect these administrative arrangements.

It is also proposed that the legislation will include a provision in relation to the role of the proposed new Adoption Authority vis-À-vis requesting information relating to any information or records held by anyone in relation to past adoptions. It is also intended that the Authority will have significant powers to inspect and copy records as well as to seize records not being properly maintained. Consideration is also being given to appropriate offences relating to the denial or obstruction of access to such records, or the tampering, interfering with or destroying of such records. The intention is to allow the Authority sufficient powers and access to records to carry out a range of functions associated with information and tracing for individuals affected by adoption.

The current administrative provisions relating to contact were drawn up with regard to the views of adopted persons, natural parents, adoptive parents, professionals working in the private and public adoption agencies as well as international best practice. The Register has been widely endorsed.

I believe that the Government's actions to date and its intention to place these arrangements on a statutory footing should allay any fears related to the inappropriate withholding of information by third parties or any prosecution of persons seeking information.