John Perry (Sligo-North Leitrim, Fine Gael)

I am delighted to have the opportunity to speak on this important Bill. Its purpose is to implement into Irish law the Hague convention on the Protection of Children and Inter-country Adoption 1993, to replace the Adoption Board with a new authority and to consolidate the Adoption Acts 1952-98 into a single Act. I have listened to the important points made by Deputy Upton, who correctly reflected the level of concern and the huge delay involved. It is important to ratify the Hague convention and statutorily provide for the inter-country adoptions to be in accordance with the standards set out in the convention, to repeal the Adoption Acts of 1952 and 1998 and bring forward or restate or update the provisions of those Acts, and to establish the Adoption Board as the adoption authority of Ireland with additional functions and powers. When we consider the concerns of parents who wish to adopt children, it is very unfortunate that people must go through the rigours, delays and frustrations, sometimes due to lack of staffing, that can prevail from the north west to the south west. It is important this is dealt with in a very compassionate way.

The current legislative basis for domestic and inter-country adoption is the Adoption Acts 1952 and 1998 but there has been a seismic shift since then. The trend was initiated by the Romanian orphanage crisis and the publicity it received in the media. In total, 3,569 overseas adoptions were registered by the Adoption Board between 1991 and 2007. There are still many opportunities and in excess of 1,600 people are waiting for their applications to be processed. This is unfair in many ways and the issue has been discussed for a long time. There is also the situation with regard to Vietnam and the opportunities there. There has been an appeal to Deputies around the country with regard to delays, frustrations and the lack of clarification. Significant commitment is needed to put the regulation in place.

It is important that we speed up the adoption process. When there are people with facilities and who are approved by the HSE, I cannot understand why there are significant delays. It is incomprehensible when we are part of the European Union, as one would imagine there would be a uniformity of regulation within Europe. I hope Ireland will ratify the Hague Convention and for that action there will be a reaction from Russia and even the Ukraine or other countries from where people may adopt children. It is a pity there has been such difficulty.

The 1996 Hague Convention and the areas of co-operation covered by it include assistance in locating a missing child, the furnishing on request by authorities in one state of a report and other information which may be relevant to a decision concerning protection of a child in another state and the notification of the fact that a child who is seriously at risk has moved from one state to another. There is also a provision for consultation in respect of a decision by authorities in one state to place a child in care, such as foster care or an institution, in another state. It also concerns facilitation through mediation and similar means of agreed solutions for the protection of a child, such as in a parental custody dispute.

At present the prospects for the convention are encouraging. It is important that Ireland ratifies it and I know the United Kingdom and Australia have reacted quite positively as well. Considering the human position behind the matter, there are people with ways and means, as well as accreditation. They are able to give a child who may otherwise be in an orphanage a loving home and care, which is very important.

The principal feature in the Bill relates to the Hague Convention. Part 3 provides for the placing of a child for adoption and the care of a child pending placement. It also provides for an accredited body, which is very important. The big concern is facilitation and the register, along with security. Society has changed in many ways and accreditation is given by multiple State authorities. With the new statutory body to be set up it is important resources are made available to deal with the matter.

Will the Minister give a timeframe for the Bill's implementation? When will the Adoption Bill 2009 become law? Deputy Shatter will put forward amendments to it on behalf of Fine Gael. He is a recognised expert on adoptions and other inter-country issues within the State. This country can in many ways become preoccupied with the creation of legislation but the difficulty can come with enactment and operation of provisions.

It is important that the International Adoption Association welcomed the Adoption Bill 2009. It indicated that the Bill will ultimately allow Ireland to ratify the Hague Convention and that one of the more important provisions of the legislation will be for the appropriate Minister to establish bilateral agreements with non-Hague countries, from which Irish families have adopted over 1,400 children to date. The Hague Convention is very important but Ireland should get involved proactively and sign these bilateral agreements. People have the prospect of bringing children in from Vietnam, Russia or the Ukraine and it is important for us to move the issue forward.

The Bill would make it imperative that the Government speedily establish such bilateral agreements with several countries to ensure children in need are not excluded from the possibility of securing a family life instead of languishing in institutions. That is the nub of the matter. When dealing with children, I do not understand why there should be any delay whatever. The matter is being discussed for quite a while. What is the reason for the delay?

The grandfather clause has been recommended by the Law Reform Commission, which has done a comprehensive report on this. Its opinion should be considered. Such action would reduce the appalling waiting lists for assessments and bring about support for post-adoption services for children. That is important. The long assessment can bring about trauma and disappointment. Prospective parents do not mind spending money and are very determined to do whatever is needed within regulations.

It is not preferable to keep any child in an institution when there is a possibility of a suitable permanent placement abroad. It is sad that many more children reside in institutions than are adopted either domestically or internationally. I hope this Bill will enable Ireland to help as many of these children as possible. It is the backbone of this effort. There are people with financial means, facilities and accreditation and they could bring people out of institutions and put them into family homes.

As a caring nation, we should be leading the way on this issue. I am very disappointed that we have not ratified the Hague Convention to date. The issue has languished for ages, as I know from letters I have received from parents in my constituency. I am delighted to have had the opportunity to speak on this very important Bill. With politicians, it is not about how much we know but how much we care. It is about time we started caring for people who want to adopt children. Such people do not want excuses; they want implementation, recommendations and encouragement to take children from orphanages in order to put them in family homes. The State should facilitate that.

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