Jan O'Sullivan (Limerick East, Labour)

The Labour Party welcomes Ireland's long overdue ratification of the Hague convention on inter-country adoptions. We signed the convention in 1996, but will be the last of the receiving states to ratify it. We fully support its ratification. It has the safety and welfare of children at its core, which is as it should be. Everyone who has contacted us and every Member in the Chamber would agree that such concerns must also be at the core of the legislation.

However, some issues, many of which have been outlined by Deputy Shatter, are not adequately dealt with in the legislation as framed. I refer in particular to the need for transitional arrangements while we move from our current situation to the situation that will pertain. According to the Minister of State, we will ratify the convention in early 2010, which is quite soon. Article 41 states: "The Convention shall apply in every case where an application pursuant to Article 14 has been received after the Convention has entered into force in the receiving State and the State of origin." It would be cruel to leave the hundreds of children and receiving families whose futures are invested in mechanisms that were the only option available to them prior to this legislation with no pathways to completing their adoption processes.

We need clarification on this matter, as section 63, to which the Minister of State referred in his opening contribution, refers to transition arrangements. It states: "If, immediately before the establishment day, a foreign adoption described in the Adoption Act 1991 is not yet effected but is still in process as provided for under that Act, the adoption may proceed under this Act as if it were commenced under this Act." However, the Hague good practice guide recommends that States should not apply new procedures to cases already in process. They must clearly indicate which cases will be considered in process when the convention enters into force. In addition, they are encouraged to announce specific dates on which cases must be filled to be considered in process, determine clearly what is meant by "in process", perhaps by determining which documents should have been filed or which actions should have occurred, and communicate those decisions officially to other states and concerned parties. Clarity is vital, particularly for the families concerned. There is considerable confusion between what the Minister of State has said today, what is contained in section 63 and what is in the Hague good practice guide.

I concur with Deputy Shatter on the importance of getting this right. I hope and, given his comments, believe that the Minister of State will listen to the constructive contributions of the Opposition and people on his side own of the House if we are to make the situation clear to the families concerned and, more importantly, the children and their birth families.

Adoption is a process that involves the deepest of human emotions, instincts and rights and we must address the issue with compassion and understanding. The welfare and rights of the child must be paramount. Second to theirs are those of the birth parent, who must never be coerced or pressurised by financial or other gain to surrender his or her child. The Hague convention is a response to the sad fact that baby trafficking and the selling of children has been and, in some cases, is still a feature of international adoption. For this reason, it is an important international agreement. It is imperative that countries from which children are adopted raise their standards of protection to the point at which they can ratify the convention and implement its rules.

It is essential that we get all of the elements right. Since many families in Ireland want to provide a safe, permanent and secure home for children in need, we must ensure that they are considered. We have all received a variety of communication. In each item of correspondence that I have received, that the interests of the child are paramount has been fully recognised. This needs to be acknowledged.

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