Written answers

Tuesday, 10 July 2018

Department of Children and Youth Affairs

Illegal Adoptions

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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831. To ask the Minister for Children and Youth Affairs the mechanisms that will be put in place or that are already in place to assist a person who was illegally adopted via St. Patrick's, Navan Road, to trace their birth family; and if she will make a statement on the matter. [30385/18]

Photo of Katherine ZapponeKatherine Zappone (Dublin South West, Independent)
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On foot of the recent discovery by Tusla of 126 cases of illegal registrations I moved immediately to inform the Cabinet. I also announced that a process has been put in place by Tusla to manage these cases. This is being led by experienced information and tracing social workers.

As an immediate step Tusla put in place a Helpline which is operating from 10am to 4 pm Monday to Friday. Tusla has also put relevant information on its website.

Each of the 126 cases has been assigned to a social worker and work has commenced on tracing the people concerned. These include the person who was illegally registered as a child, the birth mother and the people who participated in the illegal registration and subsequently raised these children as their own.

The majority of the files containing information are more than 50 years old. The implication of this is of course, that the information in the files is over 50 years old. Some of the information was deliberately falsified. People have changed addresses. Some have emigrated. Many are no longer alive.

Each file is being examined. Information is being checked and updated where possible. Some files will be more difficult to update than others but strenuous efforts are being made on every file. 

The process of offering contact and support to those affected will be handled very carefully.  It will take account of each individual’s requirements. Some people may not wish to have any contact.  I expect that there are others who will accept contact and support at the earliest opportunity.

Offers of contact and support will begin at the end of the month in cases where there is sufficient information available to establish contact.

My focus in the first instance is the provision of information and support. People have a right to their identity. They have a right to honest answers and we have a duty to provide this if possible.

The Adoption (Information and Tracing) Bill 2016 has passed Second Stage in the Seanad.  As I am sure you are aware, the Bill seeks to respect the rights to identity and privacy, which sometimes conflict with one another. 

Given the constitutional context, striking the balance between these rights is proving challenging. It is an important piece of legislation for many people. Attempts to introduce a Bill, as far back as 2001, have failed. 

It is essential that the Bill progresses as quickly as possible, as it places the information and tracing service on a statutory footing for the first time. 

It will also protect relevant records by bringing them into the custody of the Adoption Authority of Ireland, It will create offences for the concealment, destruction, mutilation or falsification of such records. 

The Bill impacts on people who are the subject of illegal registrations, as well as adopted people. Officials are currently reviewing its provisions, in the light of the recent evidence emerging on illegal birth registrations, to ensure that it is robust in addressing this issue. If additional amendments to the Bill are required to ensure this, this can be addressed as the Bill goes through the Houses.

My intention is that the Bill will be enacted by the end of the year.  Last month I met with advocacy groups, which was informative and helpful. I have also met my Oireachtas colleagues at a briefing session with a view to progressing the Bill to Committee Stage in the Seanad as soon as possible.

I look forward to working with members of this House and of the Seanad so that all of us who wish to see this bill implemented as soon as possible can work together to achieve this.

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