Barry Andrews (Dún Laoghaire, Fianna Fail)

I thank Deputies for their many thoughtful contributions today and on previous occasions on Second Stage. Senators made a valuable contribution while the Bill was in that House. Every Deputy said that this is an area of extreme sensitivity. In 18 months in this office, I know it is beyond question the most sensitive area and the most difficult to manage because of the sensitivities and the complexity of the issue. One learns immediately about the sensitivities of the issue but the complexity takes longer. I refer to the complexity of the domestic situation, the relationship between the Adoption Board, the Government and the HSE, international legal relations between sending countries and receiving countries, overarching conventions such as the Hague Convention and how all of these issues interplay and influence each other. I also refer to domestic law with regard to domestic legislation since 1952 and how it interacts with the Constitution. One must come to terms with these issues.

I began with and still hold the view that adoption is an important form of alternative care and something the Government wishes to promote within the safeguards provided by international conventions and the Constitution. We are trying to reflect in our domestic law the highest standards that will serve the best interests of children and that these be child-centred in all aspects.

I will address some comments arising from the issues raised by Deputies and make some general remarks. It is true that there are inherent risks in intercountry adoption and these cannot be ignored. In spite of the existence of a bilateral agreement with Vietnam, we must be utterly vigilant about information that comes to our attention, whatever the source. This is particularly true when the source of information is child protection experts, with the agreement and co-operation of the Government of Vietnam. We are required to take this extremely seriously. As Deputy Thomas Byrne said, the ISS report left me with no option but to suspend negotiations on a new bilateral agreement. Having met many parents in my constituency clinics and having met representative groups whenever a meeting was sought, I am aware of the disappointment this caused. There is a philosophical attitude and people understand why the decision had to be made. All along, they wanted certainty but the price of hope was a lack of certainty while we continue to pursue it.

I was quite confident in June and July when I visited Hanoi, Vietnam that those negotiations would come to fruition and that we would be provided with a new bilateral agreement. In August the ISS report and the Molisa report came to the attention of the Government. That was finalised towards the end of November. I reject the view that the Government was unduly tardy in responding to that and making the announcement on 13 January. Countries close from time to time. Vietnam has closed twice, Romania closed, Guatemala, Belarus and other countries have closed from time to time. Ethiopia and Russia closed in recent times. It is not to say to people that it is tough luck or that we are insensitive but we must try to make those embarking on the road to adoption aware that this happens. It is not meant to be discourteous to them and if it came across in that way it certainly was not intended.

Many Deputies referred to the transitional arrangements. In so far as possible, I intend to provide for transitional arrangements. I intend to make a recommendation to the Government shortly and I will try to accommodate as many applicants for adoption as possible. It is not easy to identify the point in the adoption process that one must have reached at the time of the enactment of the legislation to proceed to finality. Is it the point where someone has applied for a declaration of eligibility and suitability, the point where one has received a declaration, the point where one has received a referral or a match in a sending country or where one has met the child or formed a bond with the child? Various stages must be considered. The further along the route one goes, the fewer people have reached this point and the less humane one is about the issue. The process of seeking a declaration is so long that it allows a certain latitude to be as human as possible. I will make a recommendation to the Government shortly and I will take on board the issues raised by the Deputies.

I accept the delay in processing applications for declarations is too long. The Bill allows for accredited bodies to carry out the work of determining the eligibility and suitability of an applicant. By the HSE no longer having a monopoly on this area, I hope we can foreshorten the application process considerably and bring it closer into line with international norms. We have a robust system and our social workers are excellent in explaining to parents the consequences of international adoption. The waiting between various meetings and various reports that must be furnished upsets and frustrates people. It is unnecessary. We have tried to eliminate that by the provisions contained in the Bill.

Several Deputies raised the delay in ratification of the Bill. We are the last country in Europe to ratify this Bill.

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