Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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87. To ask the Minister for Children and Youth Affairs the measures she is taking to address the current barriers which prevent adoptees from tracing their birth parents; the date on which the Adoption (Information and Tracing) Bill will be published; and if she will make a statement on the matter. [53808/13]

Clare Daly (Dublin North, Socialist Party)
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103. To ask the Minister for Children and Youth Affairs the reasons for the delay in bringing forward the adoption and tracing legislation; and if she will specify the obstacles that she has previously referred to in relation to implementing full tracing rights and retrospection. [53812/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 87 and 103 together.

Existing procedures for the tracing of birth parents by people who have been adopted are not ideal and I have been anxious to see improvement brought about. The existing arrangements for those seeking access to information reflect a transition from complex and historical situations and I am anxious that the HSE implement much more improved and consistent arrangements. It is also necessary to acknowledge that the legal and Constitutional framework within which such access operates is complex, reflecting a it does the balancing rights to privacy of the mother or a child who may not wish for contact to be re- established or personal information exchanged. The HSE provides an Information and Tracing Service throughout the country to birth mothers, adopted persons and their families. The Adoption Act 2010, requirement that agencies providing Information and Tracing services would gain accreditation resulted in a number of religious orders deciding not to apply for accreditation and transferring files from their Mother and Baby Homes and Adoption Societies to the HSE. Approximately 25,000 files have been transferred to the HSE Regional Adoption Service in Cork, from the Sacred Heart Adoption Society. Work by the HSE on the organising and storage of these files has taken place. The HSE has sought the advice of the National Archives in relation to the proper storage of these files that are of great significance. The HSE has also received records from other agencies. A comprehensive list of records held, and their locations, is available on the HSE website.

The HSE Information and Tracing Service recognises the importance attached to this area of service provision and is working to provide a more streamlined service and to ensure that enquiries in regard to information and tracing are handled as quickly as possible. The HSE has advised me that, in the first instance, any person seeking information on adoption, or an illegal registration of a birth, should contact the Adoption Authority of Ireland or the HSE Community Services who will assist in directing them to the personnel dealing with their particular records.

The National Adoption Contact Register was established in 2005 to assist adopted people and their natural families to make contact with each other, exchange information or state their contact preferences. The Authority, the Health Service Executive and accredited adoption services routinely inform enquirers about the existence of the register and encourage anyone interested in tracing or gaining information to sign up. I am conscious of recent media coverage of the issue of information and tracing and I would hope that this will encourage more birth mothers in particular to access the Contact Preference Register and where possible to consent to the release of information.

Work is continuing in relation to the preparation of the Heads of Bill of the Adoption (Information and Tracing) Bill. I am anxious to bring the Heads of bill before Government at the earliest possible date. The Constitutional and legal context within which the development of these legislative proposals must be undertaken is complex. Certain legal and policy questions are currently being finalised and I expect to shortly submit a General Scheme and Heads of Bill to Government. The proposals will have to address the Constitutional and legal position with regard to any retrospective application of legislation, particularly as it relates to the right to privacy and the necessity to obtain consent for the release of personal information. I have agreed with the Oireachtas Health and Children Committee that once agreed by Government, the Heads of Bill will be the subject of Committee hearings so that the complex and sensitive issues involved can be the subject of public consideration.