https://www.gov.ie/en/press-release/3fd70-statement-by-minister-ogorman-following-apology-to-people-affected-by-illegal-birth-registration-the-second-stage-debate-of-the-birth-information-and-tracing-bill-2022-in-seanad-eireann/#:~:text=Minister%20for%20Children%2C%20Equality%2C%20Disability,whose%20births%20were%20illegally%20registered.
Statement by Minister O’Gorman following Apology to People affected by Illegal Birth Registration at the Second Stage Debate of the Birth Information and Tracing Bill 2022 in Seanad Éireann
From Department of Children, Equality, Disability, Integration and Youth
Published on 10 May 2022
Minister for Children, Equality, Disability, Integration and Youth, Roderic O'Gorman, today offered a formal apology on behalf of the government for the deep hurt and anguish experienced by people whose births were illegally registered.
The Minister placed the apology on the record of the Houses of the Oireachtas at the commencement of the Birth Information and Tracing Bill's passage through Seanad Éireann on Tuesday, 10 May 2022. The Minister offered the apology directly as Minister primarily responsible for the whole of government response to the issue of illegal birth registrations.
In March, the government committed to the Minister placing an apology on record of the Houses as part of advancing the Birth Information and Tracing Bill 2022. The government is also introducing significant and wide-ranging measures to address issues arising for people affected by illegal birth registration.
Many of these measures are being delivered through the Birth Information and Tracing Bill which will:
provide people who were illegally registered with clear and guaranteed access to information relating to their identity and the circumstances of their illegal birth registration
provide for the identity by which an affected person has lived, to be legally recognised by means of a new register, where that is their wish
provide assurance to affected persons that acts undertaken and contracts entered into in good faith will not be undermined because of a person being the subject of an illegal birth registration
amend the Succession Act to address inheritance issues arising for affected persons
provides a statutory basis for the counselling supports which are already made available to persons affected by illegal birth registration
provide for a statutory tracing service, through which genealogical expertise will be made available to assist individuals, and through which communication and contact between family members and people affected by illegal birth registration will be facilitated
provide a mechanism for adoption and other relevant records to be safeguarded and transferred to the Adoption Authority of Ireland (AAI)
provide for a specialised tracing service that will undertake a review and full trace of files flagged by Tusla as suspicious during the Independent Review and will provide expedited reviews for persons who hold reasonable suspicions that they may have been the subject of an illegal birth registration
In addition to all of the above measures, the Minister is finalising a payment towards legal costs associated with, for example, a declaration of parentage. The Minister will establish a payment scheme to make once-off payments of €3,000 to the individuals affected by confirmed illegal birth registration in the files of St. Patrick’s Guild. These payments will represent a contribution towards costs which may arise in relation to DNA testing or legal fees which may be incurred in respect of seeking information on the implications of their birth registration in the context of their particular individual circumstances.
As the Minister stated on the record of the House this evening:
“Since becoming Minister, I have engaged extensively with people whose births were illegally registered and I believe that these measures - while overdue - will make significant progress towards addressing the practical challenges and difficulties arising for affected individuals. However, nothing in these measures can undo the past and fully right the wrongs that these people have experienced. I deeply regret the pain and distress that this has caused and, again, I offer my sincere apology as a Minister of the government, and on behalf of Government, for this.”
Notes
Background Information on Birth Information and Tracing Bill 2022 and Illegal Birth Registrations
Following publication of the Final Report of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters in January 2021, the Minister established an Interdepartmental Group (IDG) to develop a set of integrated proposals to address the issues arising for individuals with an illegal birth registration across a range of areas including, in particular, birth registration, identity, parentage and inheritance. The group reported to the Minister in April 2021.
Since then, the Minister and his officials have been implementing a series of actions arising from the IDG, from a consultation with affected people on the General Scheme of the Birth Information and Tracing Bill and from the government’s response to the Special Rapporteur’s report (see below). Many of these actions are achieved via the Birth Information and Tracing Bill.
The Birth Information and Tracing Bill 2022 was published on 12 January and has passed all stages in Dáil Éireann. It commenced second stage in the Seanad on Tuesday 10 May. This landmark legislation will provide a full and clear right of access to birth certificates, birth and early life information for all persons who were adopted, boarded out, the subject of an illegal birth registration or who otherwise have questions in relation to their origins.
In addition to the work of the IDG, the Minister asked the Special Rapporteur 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 14 March 2022 Minister O’ Gorman published the independent report of the Special Rapporteur which sets out 17 numbered recommendations.
Recommendation 16 of the report by the Special Rapporteur on Child Protection was that provision should be made to cover legal costs associated with a declaration of parentage of persons affected by illegal birth registrations. In response, the government approved a once-off payment of €3,000 for the individuals whose illegal birth registration has been confirmed by Tusla from the files of St. Patrick’s Guild.
This once-off payment of €3,000 is intended as contribution towards costs such as creating or amending wills or seeking a declaration of parentage. While it could also be used for DNA testing, Tusla has covered the costs of DNA testing for individuals in cases where records were insufficient to confirm an illegal birth registration and will continue to provide this support.
Tusla already hold confirmation of illegal birth registrations from the files of St. Patrick’s Guild that can form the basis for a payment to the individuals affected without any need to bring forward evidence and meet a certain burden of proof. There may be potential to extend the payment to other confirmed cases after the Birth Information and Tracing Bill has provided access to records and people with suspicions are, therefore, able to access evidence necessary to confirm illegal birth registration and effect a change in the birth register.
