Clare Daly (Dublin Fingal, Independent)
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239. To ask the Minister for Children and Youth Affairs if she will grant adopted persons unfettered access to their birth certificates and adoption records. [9128/17]

Clare Daly (Dublin Fingal, Independent)
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240. To ask the Minister for Children and Youth Affairs if she will remove the proposed undertaking in section 41 of the Adoption (Information and Tracing) Bill 2016. [9129/17]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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247. To ask the Minister for Children and Youth Affairs if she will grant adopted persons unfettered access to their birth certificates and adoption records. [9156/17]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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248. To ask the Minister for Children and Youth Affairs if she will remove the proposed undertaking in section 41 of the Adoption (Information and Tracing) Bill 2016. [9157/17]

Róisín Shortall (Dublin North West, Social Democrats)
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255. To ask the Minister for Children and Youth Affairs if she will grant adopted persons unfettered access to their birth certificates and adoption records. [9260/17]

Róisín Shortall (Dublin North West, Social Democrats)
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256. To ask the Minister for Children and Youth Affairs if she will remove the proposed undertaking in section 41 of the Adoption (Information and Tracing) Bill 2016. [9261/17]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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283. To ask the Minister for Children and Youth Affairs if she will grant adopted persons unfettered access to their birth certificates and adoption records. [9058/17]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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284. To ask the Minister for Children and Youth Affairs if she has considered removing the proposed undertaking in section 41 of the Adoption (Information and Tracing) Bill 2016. [9059/17]

Katherine Zappone (Dublin South West, Independent)
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I propose to take Questions Nos. 239, 240, 247, 248, 255, 256, 283 and 284 together.

An adopted person aged 18 years or over who was adopted before the proposed legislation comes into operation, will be provided with his/her birth certificate information, as held on record, following a request to Tusla, subject to certain conditions.

Where an adoption order was made before the proposed legislation comes into operation, birth certificate information will be provided to an adopted person, after he/she has given an undertaking agreeing not to contact or attempt to contact his/her birth parent or not to ask anyone else to make or attempt to make contact on his/her behalf. This undertaking must be given except where the birth parent is deceased or is seeking to have contact with or willing to be contacted by the adopted person.

I am aware of the concerns of some adopted person in relation to the need for the provision of an undertaking. However for the Bill to be legally sound, it must ensure that the birth parents’ right to privacy is protected as required in Irish constitutional law. This is one of the most important measures to protect this right, which includes, for example:

- enabling a birth parent to register his or her name on the Register of Adoption Contact Enquiries and to express his or her contact preferences;

- notifying a birth parent (whose name is entered on Register) in advance of the proposed release of birth certificate information and providing that parent with an opportunity to provide the Agency with a statement setting out his or her view that there are 'compelling reasons' as to why the information should not be released;

- offering support and guidance to both parties.

- Additionally, an awareness campaign will be undertaken during the first six months after commencement, to alert the relevant persons to the intention to release information to enable an adopted person to obtain his or her birth certificate (or a copy of his or her adoption order).

Clare Daly (Dublin Fingal, Independent)
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241. To ask the Minister for Children and Youth Affairs the reason the compelling reasons ground for refusing the release of information in the Adoption (Information and Tracing) Bill 2016 only applies when adopted persons are seeking information. [9130/17]

Clare Daly (Dublin Fingal, Independent)
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242. To ask the Minister for Children and Youth Affairs the way the release of information to an adopted person might endanger the life of a person. [9131/17]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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249. To ask the Minister for Children and Youth Affairs the reason the compelling reasons ground for refusing the release of information in the Adoption (Information and Tracing) Bill 2016 only applies when adopted persons are seeking information. [9158/17]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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250. To ask the Minister for Children and Youth Affairs the way the release of information to an adopted person might endanger the life of a person. [9159/17]

Róisín Shortall (Dublin North West, Social Democrats)
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257. To ask the Minister for Children and Youth Affairs the reason the compelling reasons ground for refusing the release of information in the Adoption (Information and Tracing) Bill 2016 only applies when adopted persons are seeking information. [9262/17]

Róisín Shortall (Dublin North West, Social Democrats)
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258. To ask the Minister for Children and Youth Affairs the claim that the release of information to an adopted person may endanger the life of a person. [9263/17]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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285. To ask the Minister for Children and Youth Affairs the reason the compelling reasons ground for refusing the release of information in the Adoption (Information and Tracing) Bill 2016 only applies when adopted persons are seeking information. [9060/17]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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286. To ask the Minister for Children and Youth Affairs the circumstances under which she considers the release of information to an adopted person might endanger the life of a person; and if she will make a statement on the matter. [9061/17]

Katherine Zappone (Dublin South West, Independent)
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I propose to take Questions Nos. 241, 242, 249, 250, 257, 258, 285 and 286 together.

The Government approved the publication of the Heads and General Scheme of the Adoption (Information and Tracing) Bill and referred it to the Oireachtas Committee on Health and Children for pre-legislative scrutiny. The Committee issued its report in November 2015 and included reference to the issue of refusal to disclose birth certificate information where Tusla, the Child and Family Agency considers that there are compelling reasons, such as may endanger the life of a person, for so doing.

My Department considered the report of the Committee and a revised policy was developed to reflect concerns raised. The Bill provides that where a birth mother has registered her details on the Register, Tusla will notify her, in writing, of the adopted person’s application for his/her birth certificate information. She will be offered support and guidance by the Agency and advised that the adopted person has also been also been offered support and guidance. The birth mother will be advised that the information will be provided to the adopted person unless she advises Tusla within 12 weeks, that she considers that there are compelling reasons not to release this information. Where the Agency having considered any information, either provided by a birth parent or otherwise available to it, considers that there are compelling reasons for not disclosing information, it will refer the matter to the Circuit Court for determination. Any court hearing will be held in private. Compelling reasons are reasons, that having regard to all the circumstances, are likely to endanger the life of a person. This process only applies to the provision of birth certificate information to an adopted person, as such information which identifies the birth mother is being provided to an adopted person without the birth mothers consent. Any information about an adopted person will be only provided to a birth parent, where the adopted person consents.

Clare Daly (Dublin Fingal, Independent)
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243. To ask the Minister for Children and Youth Affairs if she will ensure that the national adoption contact preference register is put on a statutory footing in the Adoption (Information and Tracing) Bill 2016. [9132/17]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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251. To ask the Minister for Children and Youth Affairs if she will ensure that the national adoption contact preference register is put on a statutory footing in the Adoption (Information and Tracing) Bill 2016. [9160/17]

Róisín Shortall (Dublin North West, Social Democrats)
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259. To ask the Minister for Children and Youth Affairs if she will ensure that the national adoption contact preference register is put on a statutory footing in the Adoption (Information and Tracing) Bill 2016. [9264/17]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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287. To ask the Minister for Children and Youth Affairs if she will ensure that the national adoption contact preference register is put on a statutory footing in the Adoption (Information and Tracing) Bill 2016. [9062/17]

Katherine Zappone (Dublin South West, Independent)
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I propose to take Questions Nos. 243, 251, 259 and 287 together.

The Adoption (Information and Tracing) Bill was published on 25th November 2016. The Bill provides at section 14 that Tusla, the Child and Family Agency, shall establish and maintain a register to be known as the Register of Adoption Contact Enquiries. The existing National Adoption Contact Preference Register (NACPR) will be discontinued. However, all information relating to the NACPR will be retained. Before the new Register is established, each person whose details are on the NACPR will be contacted advising them of the new Register that is being established by Tusla. They will be invited to apply to have their details entered on the new Register. However, where birth parents have already indicated a preference for no contact on the NACPR, details of this preference will be transferred to the new Register.