Michael Colreavy (Sligo-North Leitrim, Sinn Fein)
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To ask the Minister for Children and Youth Affairs the current position regarding the preparation of the Adoption (Tracing and Information) Bill; when she expects to publish this long awaited legislation; and if she will make a statement on the matter. [17277/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Work is continuing in relation to the preparation of the Heads of Bill of the Adoption (Information and Tracing) Bill. My view is that persons affected by adoption should be provided with a statutory right to as much information as possible within permissible Constitutional boundaries. The proposed legislation is intended to provide for a structured and regulated approach for applicants seeking access to adoption information and is also intended to facilitate contact between parties affected by adoption, including in circumstances where an adoption order was not effected.

It is intended that the Bill will provide for the Adoption Authority to be responsible for providing access to adoption records, in accordance with the provisions of the Bill. The Bill will provide for the Adoption Authority to establish and maintain a National Index of Adoption Records, the purpose of which is to help an applicant for adoption information to identify the location of his or her adoption records. The intention is that the Bill is to provide that either the Adoption Authority, the HSE or an accredited body may hold adoption records, with the Authority having overall charge of those records.

It is also intended that the Bill will provide for placing the National Contact Preference Register on a statutory basis. The purpose of the Register is to allow a person affected by adoption to enter his or her name on the Register with a view to receiving information about another person from whom he or she has been separated as a result of adoption and also to indicate a preference as to whether or not contact is being sought with that person.

A National Tracing Service will be established under the provisions of the Bill, the operation of which will be subject to guidelines to be set out in regulations. It is intended that the Tracing Service is to be made available to an adopted person, a birth parent and a relative of either an adopted person or a birth parent, and that the Adoption Authority is to have overall responsibility for providing the tracing service.

It is also intended that, prior to the release of adoption information, counselling will be offered by the Adoption Authority, the HSE or by an accredited body to an adopted person, a birth parent or to an adoptive parent.

Complex legal and Constitutional issues have arisen during the course of preparation of the Heads of Bill including the setting of criteria for balancing an adopted person's right to information about his or her identity as against a birth parent's right to privacy. I have recently received further legal advice from the Office of the Attorney General in this regard and that advice is currently being examined in my Department. I am anxious to bring these matters to resolution in order to advance the Heads of Bill to Government. However, there are undoubtedly challenges remaining in developing a workable framework which respects the Constitutional rights of all parties. I remain committed to achieving my policy objectives notwithstanding these challenges.