Dan Boyle (Cork South Central, Green Party)
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Question 82: To ask the Tánaiste and Minister for Health and Children the average length of time between application and successful conclusion that couples wait in this country for inter country adoption; if there are regional variations in such waits; and the reason for such delays. [24324/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Intercountry Adoption applications are received by and assessed by the Health Service Executive and PACT. PACT is a recognised adoption agency.

According to the latest figures supplied to my Department by the HSE and PACT, at 31 March 2006, the average length of time between application and the conclusion of intercountry adoption assessment process is 25 months. There are regional variances in the length of that process, for example from 12 months in North Western Area to 37 months in the Mid Western Area.

Following an examination of the intercountry adoption waiting list issue by the HSE and the Adoption Board in 2005 they indicated that waiting times for intercountry adoption assessment have been increasing because of: an increase in the total number of applicants; an increase in the number of Declarations of Eligibility and Suitability to adopt abroad; the significant increase in the number of post-placement reports resulting from the increase in successful applicants; and population movements within Ireland, which have also shifted the pattern of demand, increasing it in particular areas.

In response the Government did allocate €1 million to the HSE in additional ongoing funding commencing in 2005 to assist in tackling intercountry adoption waiting times. I understand that this additional funding is being used to pilot measures which will, for example, allow for more flexible working arrangements within the HSE with a view to addressing waiting times. The registered Adoption Society, PACT, has also received significant additional funding to allow them to expand their intercountry adoption services.

Liz McManus (Wicklow, Labour)
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Question 83: To ask the Tánaiste and Minister for Health and Children when her Department will bring in legislation whereby adopted children will have automatic access to their original birth certificate at the age of 18 without having to go through a contact register or other agency; and if she will make a statement on the matter. [24189/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The current administrative arrangements that pertain regarding the release of original birth certificates to adopted persons in Ireland are as follows. The Adoption Board can and does release original birth certificates to adopted people based on applications received from the adopted person and with the co-operation of the original adoption placement agency. In only a small number of cases are such applications refused. The process involves the Adoption Board contacting the placement agency and asking them to determine the current circumstances of the natural mother and, if possible, to ascertain her views on the release of the birth certificate. The Board must also take into account the motives and intentions of the applicant.

In 2003, 39 applications were approved, 55 were awaiting further information and 3 were refused. In 2004, 53 applications were approved, 30 were awaiting a report from the placement agency and 4 were refused. These arrangements derive from case law including consideration of the issue by the Supreme Court regarding the rights of the child to know the identity of one's natural mother and the need for the State to respect and vindicate the sometimes conflicting rights of the natural mother, being the right to privacy and confidentiality in respect of the adoption. Neither set of rights is considered absolute. Nevertheless, from the data above it is clear that in the majority of cases applications for the release of birth certificates are successful. These are not contingent on separate arrangements regarding a contact register.

It was in light of the very complex nature of information and tracing in the area of adoption that the Minister for Children undertook a consultation process in 2003 in relation to adoption legislation and proposals for change. Following this process, 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 administrative arrangement which has emerged is the establishment of a Register, maintained by the Adoption Board. This allows people affected by adoption to register their preferences on whether they want to be contacted. As outlined above, 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 single register 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. It 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.

I believe that the Government's actions to date, and its intention to place these arrangements on a statutory footing, demonstrate the balanced and considered approach which is being taken in relation to this complex and sensitive issue.