Bernard Durkan (Kildare North, Fine Gael)

I am delighted to have an opportunity to speak on this particularly important and sensitive Bill. Like every piece of legislation that comes through this House, there is a down side and an up side. In this case, the up side is that the Bill is now before us. I compliment the Minister of State, Deputy Barry Andrews, on his involvement and dedication to the task in recent months. I am not certain the Bill will meet the requirements of many prospective adoptive parents nationally and that is a disadvantage. Some of the negotiations that have taken place on the part of prospective adoptive parents in the context of inter-country adoptions have advanced to a stage where they may be impeded somewhat by this legislation. That is sad.

We need to concentrate on the fact that there are thousands in Ireland who wish to adopt and who wish to love and care for an adopted child in the same way as a biological parent would love a child. They have devoted much time and energy to this goal over recent years because they regard adopting as fulfilling their life's ambition. We have all met such prospective adoptive parents and our doing so has brought home to us the seriousness of the matter from their point of view and the urgency with which they go about their task. We are aware of the sensitivity with which the matter needs to be treated given that we are dealing with people's emotions. We are dealing with the aspirations, hopes, fears and worries of adoptive parents. Their worries are many, particularly in the context of this Bill. The legislation will resolve most or many of the difficulties that arise.

We must ensure we protect adoptees. Other Members have spoken at length on the need to protect children. Although one may want to do the right thing by seeking out a trophy adoption, this is not what the legislation is about, nor should it be. It is essential that the process involve the protection of children and that there be no abuses or moneys handed over to organised gangs in the relevant countries to facilitate adoptions. We must ensure, in so far as we can and as a priority, that the principles of the Hague Convention are observed.

There is no question in the minds of prospective adoptive parents about the fact that they want to make a difference in the lives of the children they hope to adopt. That is the general objective and it is quite understandable. This must be balanced with a consideration of the tragic circumstances from which the adoptees come.

In Ireland 50 years ago, it was quite easy to find children to adopt, and it was still relatively easy 25 years ago. There were tragic circumstances behind this, as we now all know. If we carefully consider the adoption procedure that obtained, we will note it would not have complied fully with the requirements of the Hague Convention.

We have learned of the considerable sorrow and tragic circumstances of parents who had to give up children for adoption in Ireland over the years. This should be a salutary lesson for us. We are better placed than most other countries to make a sound assessment of the circumstances that present themselves to us. Some years ago, the emphasis was on countries that subsequently became members of the European Union. This illustrates how quickly circumstances change. Now the focus is on countries outside the European Union.

A number of prospective adoptive parents have spent much time carrying out research on and establishing contacts in countries such as Vietnam and Ethiopia. They have done so at great personal expense. They have done what should be done, that is, obtain as much information as possible in the countries from which they are interested in adopting a child and become as familiar as possible with the way and quality of life in those countries. They have complied with the process in place and have, in many cases, been approved by the HSE, yet it now appears this legislation will be likely in some cases to restrict or impede the process, or force it to start one again. This is tragic.

While the Minister of State, Deputy Barry Andrews, has tried hard, I am not so certain he has tried hard enough. He is a nice guy and I am very fond of him as a Minister, as I am fond of all Ministers, as my constituency colleague, the Minister of State at the Department of the Health and Children, Deputy Áine Brady, will know. However, this does not necessarily mean we should accept anything less than the best in any set of circumstances.

To test the procedures in place, I tabled a number of general parliamentary questions on adoption. I asked the Minister whether her attention had been drawn to the progress to date of an application for inter-country adoption in the case of persons in a certain county. I asked whether it is expected that this adoption will proceed unimpeded in the aftermath of the passage of the Adoption Bill 2009 and whether the progress in the case to date will have to be repeated. The latter is an interesting question. I asked whether "the preparations made within the country in question will proceed regardless of the ratification or otherwise of the Hague Convention; the definition of process in progress in such circumstances; if she will ensure that all work to date in the process will be regarded as concluded in the context of the overall process". The purpose of this exercise was to select an individual case to find out exactly what it means. I hope that when anybody asks the Minister of State, Deputy Áine Brady, a question, she will read it carefully and answer it regardless of the consequences. This offers protection to a Minister or Minister of State.

The reply I received to my question was: "My Office has received representations on behalf of the persons in question." I did not ask about this. Although the Minister of State is a nice guy and wants to help, it should be noted I asked a very specific question relating to a number of individual cases. It would have been a good idea to give the answer because we all know it. The Green Party knows it, as do I, the Labour Party and Fianna Fáil; that is why I did not get the answer. However, it would have been good to outline the answer in a reply to the House as this would have shown respect for the House. The answer is known to prospective adoptive parents in any event but, in the context of what we are doing now, it is very important to be able to give an answer to the type of question I asked. It is a template; it is as simple as that.

I am disappointed I did not get an answer to my questions. In respect of one question, the reply was that the Department had not received representations. That was not what I asked about. My question was specific, namely, to indicate whether a procedure would follow and how it would follow in the given sets of circumstances. As the Acting Chairman and I well know in terms of Dáil reform, we just need to revert to the old system in which we used to get answers to questions. It was simple and straightforward and was very beneficial from the point of view of Ministers. I advise all Ministers to give an answer whenever a question of any nature arises. Ultimately, a refusal to answer will become contentious. Irrespective of whatever else happens, questions should be answered.

In cases where the process has been already undertaken to a large extent, for example, where the Health Service Executive has approved a couple for an adoption in a particular country I hope it is possible that the adoption could still continue. It would be very sad if that were not the case. I urge the Minister to get the Department to re-examine, with a positive attitude, the possibility of trying to accommodate the heart-rending and deserving situations that present in cases where the enactment of the Bill might have a huge impact on the lives of thousands of potential adoptive parents in this country. The Minister of State, Deputy Áine Brady, who is sitting opposite, knows the situations I am talking about as she is familiar with them also, as is every other Member of the House. It is to the eternal credit of adoptive parents that they have sought to give information to the elected Members of the national Parliament in the way they have done. They have presented their case very well. They have presented the human element that is hugely important in considering legislation of this nature.

I wish to make reference to organised crime, corruption and trafficking that occurs in some countries. I accept that it is a potential threat. However, where the potential adoptive parents have involved themselves directly in research in the countries concerned, in some cases for several years beforehand, they are in as good a position as anyone else to be able to say whether they are satisfied that nothing unsavoury is associated with the potential adoption. I would be happy enough to go along with that. I accept we must have safeguards and checks but it is the arbitrary exclusion of any one or all of those cases that worries me somewhat. There is no need for that.

People sometimes cynically refer to potential adoptive parents as being engaged in window shopping, but it has nothing to do with that. Some potential adoptive parents go out of their way to find out how they can help the child or the birth family of the child being offered for adoption. That is a great and charitable thing to do. It is hugely indicative of the quality of the person who wishes to adopt. In this country we should be particularly appreciative of that. Let us imagine how important it would be from the point of view of somebody from another country adopting a child in this country if an assurance could be given at the outset that the child was going to a good home and would have an improved quality of life and that the child's rights, under all legislation nationally and internationally, would be guaranteed. Would that not have been a great reassurance for the unfortunate parent who had to allow his or her child to go for adoption?

Similarly, there are situations, as we now well know, where potential adoptive parents have already established contacts. They know the situation much better than I do because they have seen it at first hand. They are willing to take upon themselves the responsibility of adoption and all that goes with it, notwithstanding the nationality, background and culture. They are willing to deal with all of that and take it on board. That is a great thing to see. It is humane and shows concern. It is responsible. People have adopted children with special needs and taken on all the responsibilities that go with that. It would be very easy to accept no responsibility in those areas but those people have not done that. It is of huge importance to that group of people who have already committed themselves that we try to meet their requirements. The Minister can do that. It is possible to do that either in the context of the Hague Convention or otherwise. Nothing is impossible in this world if we apply ourselves to it. It is possible to meet international statutory requirements as well. Taking everything into account it is hugely beneficial that the legislation would proceed, and that those cases where contacts have already been established would proceed.

I do not wish to delay the House. I am aware that my time has nearly expired. I had hoped to have an opportunity to go through the Minister of State's speech as that would have been useful. I compliment him for his understanding of the situation and his willingness to meet the needs of the people to whom I referred. I appeal again to him to consider carefully the cases that have been brought to his attention whereby the process has evolved to the extent that if the potential adoptive parents were forced to start all over again it would be soul destroying. They have already committed themselves and to a considerable extent the process has become inevitable; it has gone past the point of no return without major reorganisation and disappointment for some of those concerned, including those in the countries from where it is proposed adopt the children.

We hope that the aspirations of those people can be met in full. We agree entirely with the need to protect children and all procedures need to be put in place to ensure that is the case. We fully recognise the need to comply with the Hague Convention. We hope that as a result of the legislation, the procedures will be expedited with a view to meeting the aspirations of the adoptive parents who have already indicated their willingness to adopt in this country.

See this speech in context