Charlie McConalogue (Donegal North East, Fianna Fail)
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I thank the Leas-Cheann Comhairle for putting this important issue on the agenda given its urgency. I ask the Minister for Children and the Minister of State, Deputy Perry, who is present, to intervene to ensure there will be Irish Government representation at a meeting being held by the Kazakhstani Adoption Authority this Friday in Kazakhstan to liaise with countries which would wish to have inter-country adoption agreements with Kazakhstan. It is crucial that every action is taken by the Government to ensure we have representation at that meeting. There reason is that many citizens in Ireland are keen to adopt from Kazakhstan, as are many families who have indicated an intention to adopt from other countries as well. Were we not to ensure every opportunity is taken for Ireland to be represented at these talks with the Kazakhstani Government, it could lead to undue delays in trying to ensure that Kazakhstan is opened as a country through which we will have an agreement to have inter-country adoptions.

This is all the more important because as a result of Ireland signing up to the Hague convention at the end of November 2010 we have seen a significant drop in the number of inter-country adoptions by Irish citizens. Those adoptions have decreased from a high of 397 in 2008 to below 200 in 2010 and 2011. Most of those adoptions were based on transitional agreements made with countries prior to Ireland's signing up to the Hague convention. We are now in a position where Ireland must establish new procedures with many of the countries that have signed up to the Hague convention while also seeking to establish bilateral agreements with some of those countries that were the main base for previous Irish inter-country adoptions to ensure we can resume adoptions from those countries.

In that context and in the context of the many citizens and families throughout the country who are willing to offer a loving home to children in need of that, it would be a major setback and disappointment for those families if the Minister of State and his Government did not take every step to ensure the opportunity of the meeting this Friday is taken up. I understand the Adoption Authority of Ireland has been in touch with the Irish Embassy in Moscow with regard to this. This would be the most appropriate way of ensuring at relatively short notice that Ireland is represented. I see no reason this should not be the case. What investigations has the Government undertaken to ensure this comes to pass and that we are represented at the meeting on Friday so we can ensure as soon as possible a process is established by which prospective Irish parents can apply for inter-country adoptions with Kazakhstan?

John Perry (Sligo-North Leitrim, Fine Gael)
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I thank the Deputy for raising this very important issue. I am taking this topical issue on behalf of my colleague, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald.

With effect from 1 November 2010, inter-country adoptions can be effected with other countries which have ratified the Hague Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption, known as the Hague adoption convention, or with countries with which Ireland has a bilateral agreement. Kazakhstan has ratified the convention. The Hague adoption convention is a formal state-to-state agreement between countries developed on a multilateral basis. It is a co-operative agreement drawn up to allow countries mutually to support one another in protecting the best interests of children in the inter-country adoption process. It is designed in such a way as to allow for mirrored mechanisms and structures mutually to assure countries of the safety and standard of inter-country adoptions in those countries.

The Adoption Authority of Ireland, AAI, performs the function of a central authority under the Adoption Act 2010 in accordance with the convention. In choosing to deal primarily with other Hague countries, the AAI has the mechanism to work collaboratively with equivalent structures in that country. Each central authority has the responsibility to oversee standards in respect of those parts of the process taking place within their respective jurisdictions. This mutual arrangement is designed to give the AAI, the Government and, most importantly, those involved in the adoption process assurance as to the standards being set and the oversight of the system.

If a country has ratified the Hague adoption convention then the Adoption Authority of Ireland may establish administrative arrangements, as provided for in section 72 of the Adoption Act 2010. The key difference between an administrative arrangement and a bilateral agreement is that governments are bound to one another by a bilateral agreement while administrative agreements are related to the sequence and process arrangements in place to support the safeguards already agreed between states. The Adoption Authority of Ireland works with central authority counterparts in the establishment of administrative agreements while bilaterals are government to government agreements.

In the case of Kazakhstan, the AAI has written to its counterpart central authority on three separate occasions, starting in September 2010, to begin the process of developing an administrative agreement for inter-country adoption. To date there has been no reply from the Kazakhstani authorities on the matter.

The AAI and the Department of Children and Youth Affairs became aware in the past two days that the Kazakhstani adoption authorities intend to hold a meeting on this coming Friday with representatives of Kazakhstani Government institutions and diplomatic representatives of foreign embassies and consulates. It is important to state that neither the AAI nor the Irish embassy were made aware of the meeting by the Kazakhstani authorities.

Unfortunately, it will not be possible for someone from the AAI to attend this meeting at such short notice. The Irish Embassy in Russia has also informed the Department that it will not be possible for the embassy to attend the meeting in Kazakhstan on Friday afternoon and nor is it in a position to authorise any group to attend on its behalf. However, the embassy, at the request of the AAI, will request information from the relevant authorities on the position for Irish couples hoping to adopt from Kazakhstan as soon as possible. In this regard, the AAI has indicated it is willing to open discussions with the Kazakhstani authorities at any time. In the interim the AAI is completing a review of Kazakhstan's adoption legislation.

The Adoption Act 2010, which provides the legislative framework for adoption in Ireland, is designed to provide a framework to ensure all adoptions are effected in the best interests of the child and to the highest possible standard. The phrase "in the best interests of the child" is absolutely key in this regard. It must not be forgotten that inter-country adoption is a service for those children who cannot be raised by their birth parents or cared for in their own country. The interests of the child must always be paramount throughout the adoption process. This is best achieved through the full implementation of the highest national and international standards governing adoption practice. This is the primary concern for the Adoption Authority of Ireland in conducting its business as it relates to inter-country adoption.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I am very disappointed with the reply from the Minister of State. It is simply not acceptable that this is the approach taken by the Minister for Children and Youth Affairs and the Government. The reply made no reference to an effort having been made by the Government to establish whether an invitation would be issued for Irish attendance at the meeting in Kazakhstan. All I heard is that no one is able to attend and that in the past year three letters were written by the Adoption Authority of Ireland to Kazakhstan without reply. This is an opportunity for our country to become part of negotiations with the Kazakhstani Government to ensure inter-country adoption can be opened up. It is not good enough to say the Government is willing to open negotiations at any time especially when communication has not been what it might have been over the past year.

We should ensure we are represented at the meeting with the Kazakhstani Government at which will be representatives of other countries seeking to establish inter-country adoption agreements with Kazakhstan. If we do not attend we will let down the many families throughout the country waiting on action from the Government and its engagement with the Kazakhstani authorities to establish an agreement whereby they can proceed with an inter-country adoption. Many families have already adopted from Kazakhstan and are seeking to adopt again and ensure their child has a sibling from the same country. It is not acceptable that the Minister of State can say the embassy in Moscow cannot attend this meeting. The embassy in Moscow must send a representative. Anything less than this does a grievous injustice to the families awaiting action from the Government to proceed with their adoptions. Has the Government made contact with the Kazakhstani Government to see whether Ireland would be welcome at the meeting - I have no doubt we would - instead of coming to the House with a reply stating we cannot make it?

John Perry (Sligo-North Leitrim, Fine Gael)
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The Government contacted the Kazakhstani Government on three occasions but received no response. We were not officially notified of this meeting so there is no point in looking for a second invitation. The meeting will take place and the Government became aware of it two days ago. The Adoption Authority of Ireland is quite prepared to enter negotiations with the Kazakhstani Government on the potential inter-country adoption so it is disingenuous of the Deputy to say we are not fulfilling our duty. We have made every possible attempt-----

Charlie McConalogue (Donegal North East, Fianna Fail)
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You are making no effort now.

John Perry (Sligo-North Leitrim, Fine Gael)
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We are making an effort.

Charlie McConalogue (Donegal North East, Fianna Fail)
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Not in recent days.

John Perry (Sligo-North Leitrim, Fine Gael)
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If you listened to the reply I gave it is quite clear. The child is the main focus. I will repeat what I stated:

The AAI and the Department of Children and Youth Affairs became aware in the past two days that the Kazakhstani adoption authorities intend to hold a meeting on this coming Friday with representatives of Kazakhstani Government institutions and diplomatic representatives of foreign embassies and consulates. It is important to state that neither the AAI nor the Irish Embassy were made aware of the meeting by the Kazakhstani authorities.

Charlie McConalogue (Donegal North East, Fianna Fail)
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You are aware of it now but you are making no effort to ensure representatives from the Irish Embassy attend.

John Perry (Sligo-North Leitrim, Fine Gael)
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They have not been made aware by the Kazakhstani authorities-----

Charlie McConalogue (Donegal North East, Fianna Fail)
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You are now.

John Perry (Sligo-North Leitrim, Fine Gael)
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-----and that is a fact. It is like going to a meeting one has not been invited to attend.

Charlie McConalogue (Donegal North East, Fianna Fail)
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You have not asked-----

John Perry (Sligo-North Leitrim, Fine Gael)
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We are very much aware of the meeting. We have requested information from it and we intend to enter meaningful negotiations on what can be done. We are very much aware of the urgency of this issue and it will be dealt with decisively by the Minister, Deputy Fitzgerald.

Charlie McConalogue (Donegal North East, Fianna Fail)
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That is not good enough.