Gary Gannon (Dublin Central, Social Democrats)
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639. To ask the Minister for Children and Youth Affairs if his attention has been drawn to the fact that the independently appointed Collaborative Forum of Former Residents of Mother and Baby Homes specifically and repeatedly recommended to his Department that the task of managing information and tracing be removed from Tusla on the basis that they experienced the behaviour of the agency to be demoralising and frustrating and damaging and retraumatising (details supplied); and if he will make a statement on the matter. [27308/20]

Gary Gannon (Dublin Central, Social Democrats)
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647. To ask the Minister for Children and Youth Affairs if his attention has been drawn to the fact that a group (details supplied) proposed amendments to the Adoption (Information and Tracing) Bill 2016 and several Senators submitted amendments at Seanad Committee Stage that would provide all adopted persons with their birth certificate following an information session as a proportionate measure to respect the rights of all concerned; and if he will make a statement on the matter. [27316/20]

Gary Gannon (Dublin Central, Social Democrats)
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651. To ask the Minister for Children and Youth Affairs his views on whether the Adoption (Information and Tracing) Bill 2016 made no provision for natural mothers to access their own personal data; and if he will make a statement on the matter. [27320/20]

Roderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 639, 647 and 651 together.

As the Deputy will know, the Adoption (Information and Tracing) Bill 2016 has lapsed and I am currently considering the complex matters involved before deciding on how best to legislate in this important area. In that context, I am aware of the Report of the Collaborative Forum and the views expressed regarding Tusla being tasked with an information and tracing service.

I am also aware of the amendments proposed at Seanad Committee stage on the 2016 Bill in relation to a proposed information session and I know that this concept is acceptable to many stakeholder groups. However, there are constitutional considerations in that regard, specifically in relation to the right to privacy. The legal advice received from the Attorney General at that time was that the proposed information session would not adequately vindicate the privacy rights of birth parents.

The Deputy refers to the Bill having made no provision for natural mothers to access their own personal data. While I am conscious that the Bill has lapsed, the Deputy will be interested to know that this legislation did not affect any rights under data protection legislation and birth mothers and others could apply for their own data under that legislation, and specifically through the subject access request route.

Gary Gannon (Dublin Central, Social Democrats)
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640. To ask the Minister for Children and Youth Affairs if instead of transferring records from the archive of the Commission for Investigation into Mother and Baby Homes to Tusla he will transfer the specified database to the Adoption Authority of Ireland until such time as the records can be preserved in an independent centralised archive of all historical injustice records in view of the fact that the authority has been preparing to take possession of all adoption records since publication of the Adoption (Information and Tracing) Bill 2016 (details supplied). [27309/20]

Roderic O'Gorman (Dublin West, Green Party)
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The rationale for specifying Tusla as the recipient of the database is that the Agency already has statutory responsibility for adoption tracing services under the Adoption Act 2010. In addition, it currently holds the originals of many of the relevant institutional records. As such, the database will provide the agency with an organised, digital system for the records it already holds, supporting the delivery of this important public service.

Tusla already dedicates substantial resources and expertise to carrying out tracing functions, and it is considered the most appropriate statutory body to take immediate possession of the database, given the time restraints. In this way the proposed legislation is interfering with existing arrangements in the most minimal manner.

By contrast, a transfer to any other body, such as the Adoption Authority of Ireland (AAI), would mean that two different statutory bodies would hold the same records, with Tusla holding the originals and the AAI holding the database and associated copies. Such duplication would be inefficient, lead to confusion and is not the preferred approach at this time.

The immediate and urgent policy intent in drafting a Records Bill is to ensure the Commission's database, and related records, are preserved and available to support current and future tracing services. It is my intention to separately legislate for an enhanced information and tracing service and further consideration will be given to the prescribed body which will carry out these functions in the development of that legislation.