Kathleen Funchion Urges Fixes to Adoption Legislation, Raises Concerns

Thanks very much, Cathaoirleach. Thanks, Minister. I do understand all the complexities and difficulties over history. When you look at some of the really ridiculous suggestions in some of the bills that were proposed a number of years ago, I do understand that today we have moved on. I will say, in fairness to yourself, Minister, at least you are a minister that has delivered this legislation, unlike others before you that talked a lot of talk. I really would love to be able to welcome it without any reservations, but unfortunately I do have serious reservations and I think that while today and other days when this was being discussed or talked about should be landmark days, it should be finally we are moving forward, I do feel that there is serious potential for very serious mistakes things to be made, particularly around the mandatory information session. I do not believe that that has been removed. I know maybe the requirement for it to be in person with a social worker has changed, but there is still an information session and it still explicitly states in the legislation what part of the reason for this is to explain to the relevant person, you know, the importance of the privacy rights of the parent. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I know that you reference a number of things in your speech in relation to what came up with PLS and changes, but the really big things, the stuff around the mandatory information session, we gave a suggestion in that report of looking at alternatives and one would potentially be the registered post option. I do not understand why that cannot be looked at and we will be putting amendments forward to that effect from Sinn Féin when it comes to amendment stage in the committee. I think there are grey areas over the medical history. I acknowledge what you are saying and I am glad to get that clarity around an adopted person. However, what I fear is somebody who, obviously, if you do not know very much at all about your life, that you just know that you were adopted, people will say they are looking for their medical history, their family medical history. And that, I think, creates grey areas, whether there is a medical practitioner involved or not. Because, obviously, if it is a family medical history, there is a chance it is going to have a genetic relative, as you describe in your speech. So, does that mean, then, they are in a different process? You know, the wording of relevant data is not all the data relevant to them if it is about them and their personal life. If you compare it to, let us say, myself, I am not adopted, I can get all that information. Why are we having a different set of rules for people who are adopted and then in the same breath say we are trying to end the discrimination that they have faced for years? So, these are the issues that I think, and I genuinely think, I am not saying it to be critical for critical sake. I would love nothing more, as well as chair of the committee, to think that this was going to pass through a committee without any amendments. Because, you know, we have done a huge amount of work on this and other areas in mother and baby homes in the committee. But, you know, that is why I feel I do need to raise these issues and on behalf of people who have contacted us. The new agency, as well, I really feel it was a missed opportunity not to develop a new agency. And we would have acknowledged that that would not happen overnight. You have to give those, you know, the development of a new agency time and you do not want to delay time. A lot of people in relation to this issue do not have time. So, we recommended oversight of TUSLA and the Adoption Authority of Ireland. In the meantime, an ombudsman type body for appeals. And I do not see that that has been taken on board. And I think given that redress is going to be the next thing we will be talking about in a few months in this chamber, I do think a new agency would have been appropriate. And it could have actually been a time-managed one. It is something that potentially needs to be in existence forever. Part four as well, and I am actually just looking for clarity on this if I understand it right, where there is a hierarchy like mother or father. If there is a situation, and you can come back to me on this if you wish, where somebody has died in care and maybe the parent does not want to get that information, but a sibling does. Are they entitled to get that or did their own parents have to have passed away? That is actually one I am genuinely looking for clarity on. I actually did not look. Oh, there is 20 minutes. I have a few more minutes left. What else? Oh, yes. In relation to the part here where you say that you have taken on board, or it will be taken on board in the guidelines that are being produced regarding the release of medical data, I just do not see why that could not have been done in the legislation. I do not want to be cynical, but it is easy to say you are going to take it on board in the guidelines when it is not actually written in the legislation. I do feel strongly that huge work went into that by all of us, by every single person on that committee, and I do feel that there were very many missed opportunities, particularly around the mandatory information session, the new agency. If we can get more clarity, and I would welcome maybe a briefing from the department officials in relation, particularly to the medical information, because I do fear, and if I am understanding it incorrectly, that is fine, and I hope I actually am, because it would be welcome for people if that was the case. But I do fear that there are going to be grey areas created there for people, whether or not they are entitled to the data. Is it relevant? Is it relevant to them? Because people who obviously do not know much about their own lives are not going to know exactly what information they are looking for. Is that going to be considered too general? So I will leave it at that for now. Thank you, Deputy Conscient. Thank you, Deputy President.