THE Child and family Agency Tusla has said it has greatly welcomed the enactment of the Birth Information and Tracing Act (BIT).
The BIT 2022 provides a legal basis for the release of information to those who know or believe they were adopted, boarded out (fostered pre 1991), spent time in an institution and/ or believe their birth was illegally registered.
The agency’s comments come in response to a query we lodged after a survivor of cross-border institutional care voiced criticism for Tusla over what he described as being sent on a ‘merry-go-round” in the search for his records.
Last week we reported how Cathal Morrison, a survivor of cross-border institutional care, is accusing systems in both jurisdictions of leaving him in limbo, with more questions than answers.
Mr Morrison took the step to speak out publicly to demand justice for his infant years, the scars of which he says he carries with him to this day.
Soon after his birth in Cork on April 3,1980, Cathal came under the care of the North Western Health Board. As a baby, he was moved between institutions in the North, The Castle in Newtowncunningham and Bessborough in Cork.
When he was aged between 18 months and two years, Cathal was adopted by Charlie and Kathleen Morrison in Derry.
While he enjoyed a loving upbringing, the father-of-two has vowed to use his voice to continue his fight for truth, accountability and justice for not only himself but for other survivors of mother and baby institutions.
Cathal is seeking transparency from Tusla and an apology from State organisations and the Church.
“I believe Tusla has deliberately kept information back, including about my being in The Castle in Newtowncunningham. It has been a living nightmare trying to access my own records. I’m being sent on a merry-go-round,” he told the Donegal News.
In a statement to the Donegal News, a Tusla spokesperson said it cannot comment on individual cases, adding: “When a child or family enters into a relationship with a public service such as Tusla they are entitled to expect that information generated in that relationship is treated in confidence and remains private. This is critically important in the subject matters with which Tusla is involved.”
The spokesperson highlighted that information relating to the Birth Information and Tracing Act 2022 is available via https://www.birthinfo.ie/about-the-legislation
“The Birth Information and Tracing Act (BIT) 2022 provides a legal basis for the release of information to those who know or believe they were adopted, boarded out (fostered pre 1991), spent time in an institution and/ or believe their birth was illegally registered.
“The BIT Act 2022 is different to Freedom of Information legislation and allows for the release of details not allowed under FOI for those who qualify.
“Tusla had long advocated for and greatly welcomed the enactment of this legislation and fully supports the rights of people to know about their birth and early life.”
Since enactment of the Act in 2022, Tusla says it has processed over 9,400 applications for information. “Tusla holds adoption records for several former adoption agencies and surviving records of institutions known as ‘Mother and Baby Homes’. The Adoption Authority of Ireland also hold records of some agencies and institutions.
“Members of the public who believe they were adopted, boarded out (fostered pre 1991), spent time in an institution or believe their birth was illegally registered, qualify and are known in the legislation as a ‘Relevant Person’. ‘Relevant Persons’ can apply under the BIT Act 2022 to Tusla and/ or the AAI.
“Where the ‘Relevant Person’ is deceased, their child can apply. Where the ‘Relevant Person’ themselves died as a child in an institution, their next of kin can apply.
“Tusla encourages those who wish to apply to access the website www.birthinfo.ie for more information and to complete an online form. Or they can ring our dedicated contact centre on 0818 4455 00 and a paper application can be sent to them and guidance offered on the process.
“Of note Tusla can only release information relating to the records the agency currently holds and likewise for the Adoption Authority Ireland (AAI).”
