Written answers

Thursday, 17 November 2022

Department of Children, Equality, Disability, Integration and Youth

Adoption Services

Photo of Holly CairnsHolly Cairns (Cork South West, Social Democrats)
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96. To ask the Minister for Children, Equality, Disability, Integration and Youth the steps that he is taking in response to difficulties by persons in accessing their personal information under the Birth Information and Tracing Act 2022. [56958/22]

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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112. To ask the Minister for Children, Equality, Disability, Integration and Youth his views on processing delays experienced by applicants under the Birth (Information and Tracing) Act 2022; and if he will make a statement on the matter. [56887/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 96 and 112 together.

Information and tracing services under the Birth Information and Tracing Act 2022 opened to applications on 3rd October 2022. As of 14th November 2022, a total of 5,351 applications for information have been received by Tusla and the Adoption Authority of Ireland. In addition, a total of 2,324 applications for tracing have been made.

The initial surge of demand for services under the new Act presents some challenges for the two bodies in terms of processing the huge number of applications received. Both Tusla and the AAI are working hard to process applications for information and, as of 14th November 2022, information has been released in 181 cases.

Conscious of the need for certainty for applicants, the Act contains maximum statutory timeframes for the release of information. These are reflective of recommendations made during the Joint Oireachtas Committee on Children, Equality, Disability, Integration and Youth’s pre-legislative scrutiny process, as well as comparable timeframes under the GDPR, and were welcomed by Oireachtas members during the passage of the legislation.

The statutory timelines are one month for the release of a person’s information, or in complex cases, three months. A complex case may include an instance where a person’s information is held on multiple files or across many different locations, or in materials that have not yet been digitized. Locating, collating and checking this information is a highly challenging task requiring time and expertise. As such, it may require up to three months to process these applications. In all such cases, Tusla or the AAI will engage with the person to advise them of this timeframe.

Given the initial significant volume of requests for information, it is possible that it will take longer than the statutory timeframe for a person to receive their information. Both agencies are doing their utmost to respond to all the applications received within the shortest possible timeframe and will continue to keep every person who is waiting for information informed about their application.

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