Barry Andrews (Dún Laoghaire, Fianna Fail)

Yes, to ratify the convention. When we signed the convention all those years ago, a process began to transpose it into Irish law. However, a decision was later taken to consolidate all adoption legislation and that lengthened the process. The consultation process had the effect of lengthening the period of time it took to ratify and transpose the convention into legislation. Deputy Thomas Byrne referred to the sensitivity we must all exercise in the comments we make about children already adopted here, of whom there are many. They are adopted into loving homes and are thriving. No one doubts that a child in an orphanage who is perfectly adoptable really benefits from adoption into this country. We must be sensitive in discussing issues about Vietnam and the inherent risks in intercountry adoption referred to at the beginning. When we talk about those we must remember there are children already here who are bullied in school over these issues because we are not as sensitive as we could be. From time to time that prevents me explaining to Deputies why we are slow, why we are not putting information in the public domain or communicating certain issues. That is partly the reason for it and the sensitivity is appreciated by parents and Deputies who have a good grasp of the issue. I think that sensitivity is appreciated by parents and by Deputies who have a good grasp of the issues.

Many Deputies spoke about this country's constitutional bar on the adoption of children of marriage. It would be possible for such children to be the subject of domestic adoptions if they were from other countries. Domestic adoptions usually arise when the mother of a child who was born outside marriage subsequently marries and the child is adopted by his or her stepfather. There are approximately 200 such adoptions in Ireland every year. The Joint Committee on the Constitutional Amendment on Children is examining a wording that would allow for more domestic adoptions in Ireland. If the people agree to include that wording in the Constitution, it is hoped that it will allow more domestic adoptions to take place. It might even relieve some of the difficulties we have here. In the UK, there are more domestic adoptions but fewer inter-country adoptions.

Recent events in Haiti, which were mentioned, underline some of the problems with international adoption. We all have a strong urge to try to help children who are in Haitian orphanages. I have had private discussions with Ministers and other individuals about what we can do. Small children who lost their parents in the earthquake may have aunts and uncles or grandparents who survived. International agencies will make every effort to try to reunite such children with their families. Haitian parents who lost their children may be happy to adopt domestically. I would like us to help by supporting the reconstruction of orphanages and by facilitating the provision of respite accommodation to children and parents, as we did after the accident at Chernobyl. It may be possible for us to agree fostering arrangements. The difficulty with adoption is that a Haitian parent might come to Ireland in three or four years time to look for his or her child. They might find that a bond has already been developed between the child and the adoptive parent. It is clear that the State would be liable if it had not carried out the correct adoption procedures with due diligence. This underlines some of the difficulties that exist in this area. Adoption should not necessarily always be the first option for people who have a strong urge to protect and care for children.

Article 9 of the Hague Convention, which is set out in Schedule 2 to the Bill, indicates that it is the duty of the central authority to promote counselling and other post-adoption services. The Law Reform Commission has recommended that the Child Care Act 1991 be amended to ensure that specified post-adoption services are provided by the HSE. The post-adoption services provided by Barnardos are funded by the HSE. In the submission it made to the Joint Committee on Health and Children, Barnardos said it had carried out 108 individual sessions of this nature. It is possible that post-adoption services will come under more pressure as more adoptions involve older children. There will be a greater need for such services in the future. People need to understand that services are already being provided and funded by the State and are provided for in the convention.

Reference was made to the right to access information that helps one to trace people involved in adoptions. The Adoption Board has been operating a national adoption contact preference register for the last few years. The issue of tracing can cause serious, complex and sensitive issues to arise. When I read the board's 2008 annual report, I learned that over 6,500 applications to be entered into the contact preference register were made in the first few years of its existence. Approximately 350 matches were made in 2008. While there is an awful lot of interest in the register, matching can have limited success. Clearly, there needs to be a balance between the right to privacy of a person who gives up a child for adoption and the right of a child to know who his or her parents are. It is hard to reflect those balancing rights in law. Deputies should be aware that the Adoption Board can apply to the High Court when certain issues arise, for example if a child has a medical condition and wishes to obtain more genetic information about his or her natural parents. That issue is covered to that extent.

Many Deputies discussed whether step-parents should have to go through the adoption process. That question has also been raised by Barnardos and the Adoption Board. The question of whether natural parents should have to adopt their own children is of particular interest in this context. I have a great deal of sympathy with the arguments that have been made. I accept that the guardianship legislation may need to be amended to cater for step-parents and natural parents. I suggest that the special guardianship provisions would be particularly appropriate to step-parents.

I thank Deputies for their contributions and look forward to the Committee Stage debate. I accept that many issues will arise when we consider specific aspects of matters that have been raised in general terms on Second Stage. The Bill before the House will finally give Ireland an opportunity to comply with the Hague Convention. As I said in my opening remarks, we will then be in a position to deal with other countries that comply with the convention, some of which I mentioned. The new regime of adoption in Ireland that is being opened will provide greater certainty for parents and will achieve a child-centred adoption process in Ireland. Everybody wants such a system, which follows best practice and is ultimately in the best interests of children.

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