Barry Andrews (Dún Laoghaire, Fianna Fail)

It is a problem which I would not like to say is entirely the fault of the HSE. Indeed, I would say it is not the fault of the HSE in most cases. It would be inappropriate to use the word "fault" in this instance. I think it is simply a practice that has developed but the Russian authorities have put their foot down and we need to respond accordingly. My office is undertaking preparatory work on the contents of an agreement with the Russian Federation which includes anticipating its likely requirements.

Work on a bilateral agreement with Vietnam has been ongoing for over 14 months. During this period, three visits have been made to Vietnam by officials from my office, most recently to discuss the draft text of an agreement. As Deputies will be aware, the current agreement enabling inter-country adoption from Vietnam to Ireland expired on 1 May. The Government considered the agreement and the possibility of a roll over for a five year term but, in view of the pending adoption Bill 2009 and the serious concerns raised in other jurisdictions regarding adoption in Vietnam, it decided it would have to negotiate a new and strengthened agreement. This decision was communicated to the Vietnamese Government through the appropriate diplomatic channels and a draft bilateral agreement was provided to the Vietnamese side. In order to progress the matter, an Irish delegation travelled to Hanoi on the week commencing 20 April 2009, which was the earliest opportunity to meet with the relevant Vietnamese Ministries, for an intensive round of discussions on this draft bilateral agreement. Although significant progress was made on the draft agreement, a number of issues remain outstanding. These negotiations are ongoing and have not yet concluded. I reiterate my personal commitment, and the commitment of the Government, to continue with these discussions with a view to bringing them to a conclusion at the earliest possible date. It is anticipated that further proposals to advance the discussions will be made to the Socialist Republic of Vietnam in the coming week. It is also anticipated that the Vietnamese side will revert with proposals shortly.

I do not wish to speculate on the timeframe for or the outcome of these negotiations as these factors are genuinely difficult to determine. I can say, however, that efforts on the Irish side are intensive and will continue in the coming weeks. There has been a high level of engagement and it is clear from progress so far that there is a willingness on both sides to bring these matters to a successful conclusion if at all possible.

My colleagues in Government and I are conscious that prospective adoptive parents find the lack of definitive information extremely frustrating. However, it should be remembered that another sovereign Government is party to the discussions and consequently it would be unwise and inappropriate to air the issues or negotiate this very sensitive matter in the public domain. As doing so may jeopardise the prospects of concluding a new agreement, further details are not being made available at this time. Furthermore, it is also the case that speculation on the either the nature of the issues or the degree of progress being made is unhelpful and may prove misleading and distressing to those applicants currently waiting.

The situation in which we find ourselves arises through no lack of effort on the part of the Government or engagement by the Vietnamese side. These are complex matters and the Government is aware of the concern and anxiety this process is causing to prospective adoptive parents. It is also firmly committed to ensuring that arrangements between Ireland and the Socialist Republic of Vietnam protect the best interests of the children, their families and prospective adoptive parents. As Minister of State with responsibility for children and youth affairs, I have communicated at every opportunity updates to prospective adoptive parents and their representative groups on these matters and I have committed to continue with this process. While every effort will be made to conclude a bilateral agreement with countries from which children have traditionally been adopted by Irish applicants in advance of any of the proposed changes in Irish law taking effect, it must be acknowledged that these matters will be determined to a considerable degree by the governments of these sovereign states.

The adoption of any child, either domestically or from abroad, involves a legal process and has emotional and social considerations. Although the process can be lengthy, it is important rigorous systems are in place in which we can all have confidence. However, we in Government have a responsibility to ensure the best interests of these children and all other children being adopted by Irish people are promoted and protected.

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