Bernard Durkan (Kildare North, Fine Gael)
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315. To ask the Minister for Children, Equality, Disability, Integration and Youth the extent to which he expects to be in a position to meet the concerns of all concerned in the adoption history of Ireland with particular reference to illegal adoptions; and if he will make a statement on the matter. [15670/22]

Bernard Durkan (Kildare North, Fine Gael)
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316. To ask the Minister for Children, Equality, Disability, Integration and Youth the degree to which he proposes to meet and address the concerns of the victims of illegal adoptions in Ireland; and if he will make a statement on the matter. [15671/22]

Roderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 315 and 316 together.

Since taking office, I have been concerned with addressing the issues and concerns arising for people affected by illegal birth registration. 

In January 2021, I established an Interdepartmental Group tasked with developing proposals to address the issues arising for people affected by the illegal birth registrations identified in the files of St. Patrick's Guild.  The proposals developed by the group were reflected in the General Scheme of the Birth Information and Tracing Bill which I published in May 2021.

On publication of the General Scheme, I held a bespoke consultation with affected persons to obtain their views on the legislative proposals and, specifically, on the elements of the legislation which were designed specifically to address the particular issues arising on foot of their illegal birth registration.  The responses to the consultation were very supportive of the proposals overall.  I also recently made some further important amendments to the Birth Information and Tracing Bill 2022 that further respond to the concerns of affected persons.

In addition, in March 2021 I asked Professor Conor O’Mahony, the Special Rapporteur on Child Protection, to consider the significant complexities and challenges which arise in relation to the issue of illegal birth registrations, and to provide a report proposing an appropriate course of action. On 14th March 2022, I published his report which sets out 17 numbered recommendations.

In reflecting on these recommendations, I am pleased to confirm that the Birth Information and Tracing Bill 2022 can and will robustly fulfil the vast majority of the recommendations.  In particular, it will provide for access to records; access to counselling and related supports; access to a statutory tracing service, including genealogy expertise and facilitated contact with family; an accurate birth registration; official recognition of the identity by which a person has lived; a specialist tracing service; and safeguarding of records.  In addition, I am happy to move forward on recommendation 16 regarding a payment towards legal costs associated with, for example, a declaration of parentage, and have announced a once-off payment of €3,000 to the individuals affected by confirmed illegal birth registration in the files of St. Patrick’s Guild.

Bernard Durkan (Kildare North, Fine Gael)
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317. To ask the Minister for Children, Equality, Disability, Integration and Youth the degree to which the number of illegal adoptions by adoptive parents living in other countries has been determined; the extent to which acknowledgment, reconciliation or agreement in regard to such has been progressed; and if he will make a statement on the matter. [15672/22]

Roderic O'Gorman (Dublin West, Green Party)
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Determining the precise number of illegal adoptions by adoptive parents living in other countries is a complex task, not least because this practice was often a secretive process carried out without due regard to the rights and dignity of those involved. However, today the safeguards in the adoption acts ensure that the best interests of the child are the paramount consideration in all adoption cases.

Following Tusla's discovery in early 2018 of evidence of illegal birth registrations in the files of the St. Patrick's Guild adoption society, the Government instructed Tusla to inform the affected individuals. Some of these cases involved persons living in other countries.

In March 2021 I asked Professor Conor O'Mahony, the Special Rapporteur on Child Protection, to consider the significant complexities and challenges which arise in relation to the issue of illegal birth registrations, and to provide a report proposing an appropriate course of action. On 14th March 2022 I published the report which sets out 17 numbered recommendations.

Recommendations 8-12 relate to creating a Specialist Tracing Service that would take a two-pronged approach to identifying further cases of illegal birth registration. Firstly, it recommends a review and trace of the files flagged by Tusla as raising suspicions of illegal birth registration, but which fell short of the amount of evidence in the St. Patrick Guild files during the Independent Review. Secondly, it recommends creating a right of expedited review for persons who hold reasonable suspicions that they may have been the subject of an illegal birth registration.

On the first point, I will request Tusla to review these files to see if illegal birth registrations can be confirmed. Where they can be, I will direct Tusla to inform the affected individual in an ethical and sensitive manner. I will provide the relevant legal underpinning for this review through the Birth Information and Tracing Bill and prior to issuing a formal request to Tusla.

On the second point, through the Birth Information and Tracing legislation, a person who suspects that their birth was illegally registered will have the right to request an expedited review of their case.

In the coming months, my priority will be to deliver the Birth Information and Tracing Bill, which will robustly fulfil the vast majority of the report's recommendations and ensure significant support for people affected by an illegal birth registration.