Clare Daly (Dublin Fingal, Independent)
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654. To ask the Minister for Children and Youth Affairs the legal course of action available to forced or illegally adopted persons here who have been effectively excluded from the commission of investigation. [39380/16]

Katherine Zappone (Dublin South West, Independent)
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The term illegal adoption is sometimes used to cover a wide range of situations, including the incorrect registration of a birth. So the Deputy will appreciate that I am not in a position to provide legal advice to individuals. Any person requiring advices on the legal remedies that may be available to their specific circumstances should consult with an appropriate legal professional.

By way of general advices I would encourage any person seeking information on adoption, or an incorrect registration of a birth, to contact the Adoption Authority of Ireland or the Child and Family Agency’s Community Services in the first instance.

If a person believes that their birth was incorrectly registered they should inform the General Register Office (GRO) as the body responsible for registration of births, who in turn may refer cases of incorrect registrations to the Gardaí for investigation of potential criminal wrongdoing. It is also open to any person with information relating to matters of a potentially criminal nature to report these concerns directly to the Gardaí.

The present Commission of Investigation into Mother and Baby Homes is examining the arrangements for the placement of children from such institutions and former county homes. In examining exit pathways, the Commission is investigating the nature of the relationship between mother and baby homes and other key institutions – these include children’s homes; orphanages; and adoption societies, involved in the placement of children. This investigation, and its social history module, will provide a significant insight into the practices and arrangements in being for over almost three-quarters of a century following the foundation of the State.

This examination will identify the extent to which children’s welfare and best interests were considered and whether mothers were facilitated to participate in such decisions. The Commission has sufficient scope to examine both the issue of placing children for adoption at home and abroad, as well as to examine situations in which the child’s parentage was concealed, either by omission or sometimes, by illegal means.

However, it is important to be clear that a Commission of Investigation is not designed or structured to adjudicate on individual behaviours, nor impose penalties, as the legislative basis for a fact-finding Commission does not provide the same constitutional and legal protections for individuals as are present in the criminal justice system. Therefore, a Commission’s investigations are not criminal investigations. That being said, if the Commission’s reports reveal concerns of a potentially criminal nature these will of course be referred to the appropriate investigative and prosecution authorities for further any appropriate action.