Dáil debates

Thursday, 21 January 2010

Adoption Bill 2009 [Seanad]: Second Stage (Resumed)

 

1:00 pm

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)

Tá áthas orm an deis a bheith agam inniu labhairt ar an Bille Uchtála 2009. Bille an-tábhachtach é an Bille seo a leagann córas uchtála amach don tír seo agus córas chun uchtáil idirnáisiúnta a dhéanamh freisin. Is oth liom a rá nach bhfuil mórán uchtála ar fáil sa tír seo, ach ar an dtaobh eile den scéal is dócha go bhfuil níos mó páistí á choimeád ag tuismitheoirí nádúrtha. Sin an fáth nach bhfuil mórán uchtála sa tír seo, ach tarlaíonn uchtáil ó am go ham. Is é an taobh den scéal atá sa nuaíocht faoi láthair an taobh ar a bhfuil an plé is mó faoi láthair ag muintir na tíre seo, an uchtáil idirnáisiúnta, go háirithe uchtáil as tíortha ar nós an Rúis, Vietnam agus an Aetóip. Is ábhar cainte an-deacair é seo do pholaiteoirí mar is ceann de na rudaí is deacra dóibh a rá le daoine nach mbeidh siad in ann uchtáil a dhéanamh. Tá seo an-deacair domsa mar is tuismitheoir mé le beirt pháiste. Sa chomhthéacs sin, tá sé deacair seo a phlé le daoine nach féidir leo páistí a bheith acu. B'fhéidir go raibh siad ag súil le go mbeadh páistí acu, agus mar a dúirt an Teachta English, go raibh siad ag iarraidh leanbh a bheith acu ar feadh blianta agus ag fáil cabhair, ar nós IVF, ó dochtúirí ach nach féidir leo páistí a bheith acu. Tá seo an-deacair dóibh. Bíonn siad éadóchasach agus bheadh trua ag duine dóibh. Is rud an-emotional é do na daoine atá ag baint le seo. Bíonn baint agamsa le daoine mar seo i m'oifig sa Dáilcheantar mar déanann go leor dóibh teagmháil lena dTeachtaí Dála. Is cúis an-tábhachtach í an uchtáil do Teachtaí Dála ar fud na tíre.

I am pleased to speak on the Bill and glad the Minister of State, Deputy Barry Andrews, is present. The Minister of State has faced a certain amount of criticism arising from this Bill, most of which has been political in nature and has been levelled by members of other political parties. As the Minister of State with responsibility for children, he has an important job to do and his primary consideration must be the best interests of the children. While many prospective adoptive parents are heartbroken because they are waiting to adopt a child, the Minister of State has a responsibility to make difficult decisions to ensure the best interests of the child come first. He must also consider the best interests of children who have been legally adopted from foreign countries. This is a sensitive issue and may be the reason he has been slow to comment and engage in debate on the issue. It may also explain the reason he is reluctant to describe exactly what happens in some countries.

I have met many couples in my constituency office who have been waiting for a long time and have endured all sorts of trials and tribulations as they seek to adopt a child. They have tried to have children because adoption is not the first choice for couples. That only a small number of children are available for adoption in Ireland may not be a positive development for adoptive parents, it is positive for society in general as it indicates that parents are willing to keep their children. Adoption in previous decades was not always done for the best reasons.

Adoption is a sensitive issue. As a parent who has been privileged and fortunate to have two children, both of whom were born since I was elected to the House, I find it difficult to sit in front of heartbroken couples who want to adopt a child. These couples may believe Ministers do not have a heart but that is not the case with the Minister of State. He does not lack a heart, particularly with regard to children and the problems experienced by parents. While adoption is one of the major problems experienced by couples, they often have many other problems. The Minister of State is aware of these and is well able to deal with them in a sensitive manner. I pay tribute to him.

As I stated, adoption is an incredibly sensitive issue for families, couples, children in Vietnam and their parents, as well as children who have been adopted and are loved by their families in Ireland. In this context, some of the political criticism of the Minister of the State has been over the top. I do not propose to discuss it in detail as I am aware that couples who wish to adopt are paying close attention to this debate and would not appreciate Members on this side engaging in the type of political point scoring exercise at least one Deputy from the other side has engaged in. This approach is not helpful to the debate and does not get us anywhere.

The Minister of State had no option but to accept the findings of the ISS report. He had to consider the report carefully given the sensitivities involved in protecting the best interests of the child and of prospective adoptive parents. For this reason, he had no option but to make the decision he did. While he will not have relished breaking the news, it is the role of Ministers to make necessary decisions. I have not received correspondence from prospective parents in light of his decision, although I understand the reason many of them will be highly disappointed. I feel awful on that basis but I am sure they understand the Minister of State's position, even if they do not like it.

The Minister of State has made a number of provisions and the Adoption Board has agreed to a number of arrangements for people who had hoped to adopt from Vietnam. This is a positive development which makes options outside Vietnam available to prospective adoptive parents, some of whom had been considering other options in any case.

The Government has been asked the reason it decided to act in accordance with the Hague Convention. It would be criticised if it chose not to do so given that the convention is the international standard in these matters. As such, the Minister of State is duty bound to apply it.

Prospective adoptive parents will have opportunities to adopt children from other countries when the legislation is enacted. The Minister of State intends, through some of the procedural arrangements made in the Bill, to ensure the adoption process becomes less lengthy. At present, adoption takes too long and these delays are getting parents down. Under the guidance of the Adoption Board and Minister of State, the process will become shorter. I hope parents and children will be brought together because the most basic instinct of humanity is to have children.

I thank the Minister of State and wish the Bill good speed. I hope it will quickly come before the Select Committee on Health and Children for Committee Stage consideration before returning to the House for Report Stage. It should be enacted as quickly as possible and in that context I am pleased to note the Minister of State is due to respond to the Second Stage debate when I conclude. I am glad that the decision of the Minister of State, although difficult, provides certainty. In recent months I encouraged the Minister of State to provide certainty when it was available. He has done so and that is appreciated by potential parents even though the dream, love and generosity has been postponed. I hope, this will be for a shorter period than they have gone through up to now.

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