Timmy Dooley (Clare, Fianna Fail)

The Deputy certainly did not suggest that.

It is critically important that the prospective parents' rights and expectations are balanced with the rights and expectations of children as these currently exist, in some places in very primitive conditions. We must also look at the potential for children who are not yet born which plays into the process of adoption.

The Bill is about protecting children's rights and welfare and recognising what is in their best long-term interests. These, combined, are set out very clearly at the core of the Bill with the establishment of safeguards to ensure inter-country adoptions take place in the best interests of the child while respecting his or her fundamental rights as recognised under international law. That is the wording used in the Bill. A system of co-operation must be established among states, whether the state from which the child is being adopted or a receiving country. We would see Ireland in the latter category. The Bill also aims to ensure the recognition in the contracting states of adoptions made, as set out in the Convention. Those are the overall aims.

It is a fact that the illicit trade of child trafficking is a feature of international criminality. We often avoid those facts but they must be addressed. We must recognise the difficulties the Minister of State has in framing legislation and guidelines and resolving the very real issues that exist from, on the one hand, the prospective parent's point of view and, on the other, the child's perspective. In the interests of children, regardless of their economic situation, it is vital that adoption from a foreign country be free of any shadow of impropriety or illegal activity. That is fundamental to protect children in their own country prior to adoption and to protect them as they grow into young men and women in this country. If anything were allowed to happen in the progress we are making now that meant the legislation or framework to be put in place for adoption was anything other than to the highest standard, it would be remiss of us, as legislators, and is something for which future generations would not thank us.

I am no different from others in the House across the political divide in that I have had the opportunity to meet with a number of prospective parents, some of whom hope to adopt for the first time and some who have been successful already. When one hears on a personal level the many stories that exist and the life stories of so many people, one sees it is an extremely emotive situation. In many cases, parents who desired and failed to have their own natural children have made what is, in some instances, a very difficult decision. They wish to provide that love, shelter and family environment to a child in another country who, because of unfortunate circumstances there, does not have available to him or her that kind of loving warm relationship or family structure. In some cases, that is a major decision for people to have made. When they come to that decision and begin the process of adoption, we need a system in place that gives certainty as early as possible in the process, if such certainty is possible. Where it is not possible at least there should not be an undue expectation on the part of the prospective parents. Whatever way the process may be enhanced through this legislation, we must look at the process by which people adopt and, in particular, the length of time involved.

I am happy the Bill deals with the frustration many parents feel at the slow rate of progress in achieving a declaration of eligibility and suitability. The Minister of State mentioned an accredited agency in the Bill and has set out through ministerial guidelines that this element might be used for the purposes of assessment. A system must be put in place to speed up that initial process. There are prospective parents who have spent four or five years in the process who now find that because of the changes taking place - through no fault of theirs or of the Minister - it is possible four or five years might be lost to them. I hope that will not be the case and that the Minister of State will be able to find an accommodation for those individuals.

The current system is too slow. One arrives at an assessment of eligibility and suitability through the involvement of a social worker who carries out the assessment and then reaches a point where a declaration is issued by the Adoption Board. The pack is then sent to the relevant country, at which point a referral is made. Ultimately, the prospective parents take into their loving environment a child from a foreign country. The steps seem straightforward and relatively easy to get through until a person begins that process. It creates the greatest pain and difficulty for those people who have decided to take the monumental step of moving forward with the development of their family. For this reason, the period of time is too long.

The Minister of State has spoken in the past about transitional arrangements. Although the Bill does not set out in a clear way how these will be dealt with, there is a need to address the issue very succinctly. When the Bill becomes law, there are prospective parents in the system who will be affected. They have made the decision to adopt and may now, through the initiation of the Bill, find themselves outside the process or forced out of the process they had begun. My understanding is there are approximately 500 such prospective parents. As things stand, they cannot proceed to registration so we must find an arrangement. Having examined the legislation and met many of those prospective parents, I believe consideration should be given to facilitating those who already have a declaration of eligibility and suitability.

These are the people who have been in the process for the longest period and for whom an expectation has been created. They have passed what in all cases is the final obstacle towards beginning or continuing their families. For that reason I hope the Minister of State, in his bringing forward of arrangements for the transitional arrangements, will give serious consideration to setting as the cut-off point all those who have received a declaration, particularly one that applies to countries which have not signed up to the Hague Convention.

Deputy Crawford also referenced a point on which I have had a number of communications, namely, the "grandfather" rights and the assisting of those who have adopted already from countries that have not signed the Hague Convention. When the Minister of State has an opportunity to address the House again, he might identify for us the number of such parents who have adopted already and to whom the grandfather rights would apply. Deputy Crawford set out in a very clear and concise way the desire of parents to have another child of similar ethnic background or from a similar area to create a family structure in as coherent a way as possible. We must give any assistance we can in that regard, while recognising we do not wish to continue the system we have which does not bring about the necessary safeguards identified in the Hague Convention. However, for parents who already have entered the process and, in all cases, have been recognised to have provided a loving environment for the development of their family, special consideration must be given in that regard. I hope the Minister of State will be able, in the fullness of time, to address that matter.

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