Mick Wallace How in God's name can joining #NATO be in interest of people of North Macedonia? - More unnecessary spend on Milit… https://t.co/lC29IWtLbJ
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Mick Wallace People of #Palestine could only envy the type of lockdown that #Israel introduced to stop the spread of… https://t.co/4KLAtl0qr7

To ask the Minister for Children and Youth Affairs further to Parliamentary Question No. 5 of 9 May 2013, if it is her position that a referendum on privacy is required in order to afford adopted persons the same rights as other Irish citizens; and if she will make a statement on the matter. -Mick Wallace T.D

for ORAL ANSWER on Thursday, July 4th, 2013

REPLY

Work is continuing  in relation to the preparation of the Heads of Bill of the Adoption (Information and Tracing) Bill. My view is that persons affected by adoption should be provided with a statutory right to as much information as possible within permissible Constitutional boundaries. The constitutional and legal context within which the development of legislative proposals must be undertaken is complex. This has influenced the existing approach to access to information which, while subject to significant development in recent years, has heretofore operated based upon the consent of all the parties. The proposed legislation is intended to provide for a structured and regulated approach for applicants seeking access to adoption information and is also intended to facilitate contact between parties affected by adoption, including in circumstances where an adoption order was not affected.

Complex legal and Constitutional issues have arisen during the course of  preparation of the Heads of Bill including the setting of criteria for balancing an adopted person's right to information about his or her identity as against a birth parent's right to privacy.   This is a particular challenge in considering the impact on individuals in respect of adoptions which took place in the past where the concept of confidentiality and privacy were very central in the adoption process. These issues are currently receiving careful examination and detailed consideration is underway on the part of my Department and the Office of the Attorney General.

I am anxious to bring the Heads of Bill before Government at the earliest possible date. Again, my view is that persons affected by adoption should be provided with a statutory right to as much information as permissible within Constitutional boundaries. However, there are undoubtedly challenges remaining in developing a workable framework which respects the Constitutional rights of all parties. I remain committed to achieving my policy objectives notwithstanding these challenges.

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