Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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107. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will initiate a thorough investigation in the form of a non-statutory State inquiry into illegal adoptions to determine the scale of illegal adoptions, given that the actions taken to date have fallen far short in terms of remedying this egregious violation of persons’ human and identity rights; if he will commit to following up on files marked as suspicious in the course of the 2019 review; and if he will make a statement on the matter. [56885/22]

Roderic O'Gorman (Dublin West, Green Party)
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In March 2021, following publication of the Independent Review into Illegal Birth Registration, 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.

Follow up on files marked as suspicious in the Independent Review

Recommendations 8 – 12 of the report by the Special Rapporteur on Child Protection related to the creation of a specialist tracing service. The Special Rapporteur recommended that the specialist service should conduct a full trace on files which were flagged by Tusla as suspicious in the course of the Independent Review process, with a view to establishing which (if any) of these cases can be confirmed as cases of illegal birth registration. In response, Government agreed that, in the case of files which were flagged as suspicious, Tusla would be asked to undertake a review of these files to identify which ones have markers which are indicative of potential illegal birth registration and to establish if any of these cases can be confirmed. It further agreed that the legal underpinning for this review would be provided through the Birth Information and Tracing legislation prior to issuing a formal request to Tusla.

Further to these commitments, section 33 of the Birth Information and Tracing Act 2022 provides a lawful basis to investigate if a person has been the subject of an illegal birth registration by means of reviewing records, undertaking a trace and obtaining other information relevant to an investigation. Such measures may be undertaken where the Minister for Children, Equality, Disability, Integration and Youth is satisfied that it is necessary and in the public interest to do so, and issues a direction in writing requesting the investigation.

In accordance with section 33, and having satisfied myself that it is necessary and in the public interest to do so, I have directed Tusla to undertake a review and trace of the files which, in the course of the Independent Review process, were flagged by Tusla as containing suspicious markers which could be indicative of an illegal birth registration. This should involve undertaking a review of the relevant records and obtaining other relevant information in accordance with section 33(1)(a) and also conducting traces under section 33(1)(b) where this is necessary.

Where any cases are confirmed through this review, I have asked Tusla to inform the affected individuals in an ethical, sensitive and fully supported manner. This is in keeping with Government’s recognition of a person’s right to identity and right to know of their confirmed illegal birth registration.

Inquiry into Illegal Adoption

Recommendation 17 of the report by the Special Rapporteur on Child Protection was that a State inquiry into illegal adoptions (broadly defined) should be established on a non-statutory basis.

The question of creating an effective non-statutory inquiry is a sensitive, complex and challenging one. The Special Rapporteur acknowledges this and, in particular, notes the challenges associated with access to records for a non-statutory inquiry.

In this regard, it is also important to note that some of the actions set out in the Government Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutionsachieve some of the objectives of a Truth Commission as proposed by the Special Rapporteur.

In March of this year, Government approved high-level proposals for a National Centre for Research and Remembrance. The National Centre will stand as a site of conscience and will be designed to be an enduring and educational memorial to honour all those who were resident in Industrial Schools, Mother and Baby Homes, Magdalen Laundries and related institutions. The National Centre will be located on the site of the former Magdalen Laundry in Sean MacDermott Street in Dublin city centre and will have an inclusive, national and global reach.

The Centre will comprise a number of distinct, yet interrelated, areas, including a museum and exhibition space, the development of which will be led by the National Museum of Ireland, as well as a research centre and central repository of records related to institutional trauma in the 20th century, which will form part of the National Archives. It is anticipated that the central repository will sit at the heart of the Centre and will ultimately be underpinned by legislation. One unique aspect of the central repository will be the intended inclusion of the personal testimonies of survivors; allowing the lived experiences of survivors to be formally recognised as part of the official record. Inclusion of the personal testimonies of survivors will ensure that the lived experiences of survivors will be captured in their own words, for publication and archiving for posterity in the National Centre.

The centralised archive of institutional records and personal testimony will, in turn, support further future analysis and research on these important matters.

As a consequence of all of this ongoing work, the Government will need to give further consideration to the specific recommendation on the establishment of a Truth Commission.

Investigation by An Garda Síochána

Finally, I would note that An Garda Síochána is tasked with investigating all criminal offences reported to it and they have confirmed to my Department that they will have no difficulty doing so where any person who considers themselves a victim of illegal birth registration or illegal adoption practice wishes to report any such case.