Written answers

Thursday, 3 July 2014

Department of Children and Youth Affairs

Proposed Legislation

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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232. To ask the Minister for Children and Youth Affairs his plans to put in place legislation which will compel hospitals to release joint personal information on both the mother and child to the children who were adopted; and if he will make a statement on the matter. [28820/14]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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My Department is continuing work on the Adoption (Information and Tracing) Bill and I hope to be in a position to seek Government approval to publish the Heads of the Bill as soon as possible. While I am anxious to improve the legal basis for access to adoption records, proposals to Government have to reflect the constraints on the Legislature in providing such access if they are not to fall foul of Constitutional challenge. The Office of the Attorney General has provided comprehensive legal advice to the Department that has assisted in identifying the Constitutional parameters within which the Heads of the Bill have to be drafted. The most difficult situations to address within the proposed legislation are those where the consent of other parties, such as natural mothers, does not exist for the release of information.

It is intended to proceed to finalise legislative proposals so that I may bring a General Scheme and Heads of Bill to the Government as soon as possible. Subsequent consideration by the Oireachtas Health and Children Committee will allow the issues to be carefully examined and the views of different interested parties on these important and sensitive matters to be fully considered.

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