Clare Daly (Dublin Fingal, Independent)
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56. To ask the Minister for Children and Youth Affairs the payments to an agency (details supplied) and indemnity guarantees to Tusla that were part of the negotiations regarding the transfer of 13,000 adoption records from the agency to the State in May 2016; and if she will make a statement on the matter. [33332/16]

Katherine Zappone (Dublin South West, Independent)
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I am advised by Tusla, the Child and Family Agency, that it negotiated and concluded an agreement regarding the transfer of records from the agency referred to by the Deputy to Tusla. In this regard, Tusla obtained protection in respect of certain future actions which may be taken. Clause 5.1 of the Deed in relation to the transfer of adoption records between Tusla and the agency in question provides that:

“The Transferor hereby indemnifies and holds harmless the Transferee against any and all claims in respect of any losses, costs, damages or expenses (including legal costs and expenses) (whether or not arising prior, or subsequent to, the Effective Date) arising out of or in connection with:... (b) any matter or act of the Transferor referred to in the Adoption Records;...”

The Agency to which the Deputy refers was an accredited agency under the Adoption Act 2010, and received an annual grant of €110,000 under a service level agreement with Tusla, up until it ceased operations in December 2014. The Agency in question advised of its intention not to renew its accreditation under the Adoption Act 2010 when it fell due in February 2016. Negotiations regarding the transfer of the records began in 2014. Tusla subsequently ceased funding this agency from January 2015 onwards.

A once off payment of €30,000 was made to this Agency in May 2016 post transfer of the records to Tusla. The payment was made for costs incurred in the storage of the adoption records held by this agency and to assist in winding down operations.