John McGuinness (Carlow-Kilkenny, Fianna Fail)
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15. To ask the Minister for Children and Youth Affairs her plans to bring forward new measures on adoption; and if she will make a statement on the matter. [38699/13]

Brendan Griffin (Kerry South, Fine Gael)
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165. To ask the Minister for Children and Youth Affairs her views regarding the 2010 adoption legislation (details supplied); and if she will make a statement on the matter. [38941/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 15 and 165 together.

The Adoption Act, 2010, which entered into force on 1 November 2010, gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. The Act was written against the backdrop of the of the Hague Convention and a commitment to improving standards outlined in the Convention. The Hague principles of subsidiarity, support for birth families, free and informed consent for birth parents, and international adoption as a resource for the permanent care of children, are a means for improving standards in intercountry adoption and mitigating against some of the risks inherent in intercountry adoption.

There are two existing legislative commitments in the Adoption Area. The first is to provide, in a more effective and appropriate way, for the adoption of children o f marriage. The Adoption (Amendment) Bill were made published Children's Referendum and will be introduced as soon as proceedings and processes relevant to the Referendum are concluded.

The second piece of adoption legislation which is being prepared is the Adoption (Information and Tracing) Bill. These issues are currently being examined within my Department and within the Office of the Attorney General. It is my intention is to bring the Heads of Bill before Government at the earliest possible date to seek approval to refer this legislation to the Oireachtas Health and Children Committee for discussion.

The Adoption Act 2010 has been in operation for nearly three years now. Since taking office I have made improvements to the operation of the scheme, without the need to amend legislation following consultation with the Adoption Authority of Ireland and the Health Service Executive. In particular I have streamlined the assessment process for those seeking to transfer from declarations of eligibility and suitability to adopt which are due to expire before the 31st of October 2013. Furthermore I have moved to address the issue of the sustainability, and funding, of accredited bodies. In this matter interim funding has been provided to specific bodies and I am seeking agreement from these agencies on a pathway to securing a sustainable model for accredited bodies in the future.

Since the implementation of the Act, as is often the case with complex legislation, issues have arisen in relation to the operation of the Act. There are also more general policy questions around the nature of our adoption regime, with for example some seeing the development of options for an open adoption regime domestically as worthy of consideration. In the circumstances I think it is timely to consider a review of adoption. Given the range and complexity of the issues this will require scoping and preliminary examination after which decisions will be made on the extent and time scale for the review. I do not know at this stage if proposals for legislative change will emerge from this review or the nature of such proposals. Based upon the many domestic and international legal aspects to adoption the issue of further legislative development will certainly be considered. This review will inform future operational and legislative considerations regarding the Adoption Act 2010.

Clare Daly (Dublin North, Socialist Party)
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16. To ask the Minister for Children and Youth Affairs if she will initiate a public inquiry into the Sacred Heart Mother and Baby Homes and the manner in which adoptions were handled in here since its inception. [38605/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Adoption Act of 1952, as subsequently amended, provided a legal basis for adoption in Ireland and for the establishment of the Adoption Board thereby bringing order to what had been the adhoc arrangements which had previously existed in lieu of formal adoption procedures. That Act was replaced most recently by the Adoption Act 2010 which also established the Adoption Authority of Ireland. All adoptions in Ireland since 1952 have been underpined by a legislative basis.

While my Department's remit in this area relates to adoptions carried out under the relevant legislation I am aware that there have been concerns about informal adoptions or illegal registrations some of which are associated with some mother and baby homes. The issue in Ireland of illegal adoptions very much relates to illegal registrations, i.e. children who were given at birth to other individuals who registered these children as their own and who are now unable to access personal records and information. I have met with individuals who have found themselves in these circumstance and I acknowledge and empathise with the dilemma that these individuals are addressing.

Efforts have been made by the Adoption Authority of Ireland and the HSE, within their legal remit, to facilitate the investigations that these individuals are undertaking in endeavouring to establish medical and/or identifying information about themselves.

In consultation with the Adoption Authority of Ireland and the Health Service Executive, my Department is examining legislative and administrative options in relation to accessing records which may exist. I am also examining provisions in this regard in the forthcoming Adoption (Information and Tracing) Bill. I have recently received further legal advice from the Office of the Attorney General in regard to complex legal and constitutional issues which have arisen during the course of drafting the Heads of Bill. These issues are currently under consideration in my Department.

Approximately 25,000 files have been transferred to the HSE Regional Adoption Service in Cork, from the Sacred Heart Adoption Society, which had responsibility for Bessboro, Co Cork, Sean Ross Abbey, Roscrea, Co Tipperary and Castlepollard, Co Westmeath. I am advised by the HSE that there has been very significant demand to access these files and consequently the HSE Regional Adoption Service in Cork has not been able to respond as quickly as would have been hoped. In parallel with facilitating such access, work by the HSE on the organising and storage of these files has taken place and planning is underway for reorganising the approach to dealing with information requests to improve access.

I have no plans to initiate a public inquiry into the specific issue raised by the Deputy.