Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I support amendment No. 2, in the name of Deputy Shatter. There is a clear need not to place prospective adoptive parents in a limbo situation, or worse, as a result of this Bill. In other words, we should not prevent them from proceeding with valid adoptions that are already partly in train. This is a long and drawn-out process for prospective adoptive parents. It is right that many safeguards have to be put in place. The rights and safety of the child must be paramount in all considerations. That is why I repeat that I welcome this legislation. The State's ratification of, and full compliance with, the Hague Convention must also be welcomed. It has to be recognised that there is a transition from the current legislative and regulatory regime to the new regime envisaged under this Bill. Deputy Shatter's amendment is not only reasonable, it is essential in the circumstances. It seeks to allow people who applied to be assessed prior to 1 January 2009 - the year in which this Bill was published - to obtain a declaration of suitability to adopt under the law as it was prior to the enactment of this Bill.

As I said on Second Stage, many of the principal concerns about this Bill relate to the period of transition from the old system to the new system under this legislation. There is a legitimate concern about what will happen to applicants who are already in the system. I have made personal representations on behalf of a small number of applicants, from my own constituency and elsewhere, who have contacted my office. They are concerned about whether they will be allowed to complete their adoptions under the old system, as new applicants commence under the new dispensation. I ask the Minister of State to provide full clarification so that everybody fully understands exactly what is intended in that regard.

Some prospective adoptive parents have made representations to me. I would like to refer to an e-mail I received from one such couple. They told me they believe the Minister of State has stated previously that he will consider providing for a three-month period after the enactment of this legislation in which prospective adoptive parents who receive declarations can continue to adopt from non-Hague countries. I ask the Minister of State to clarify that for us. If it is the case that the Hague Convention provides for a three-month settling-in period before adoptions can commence, would it not make sense for people to be allowed to continue to operate under the old regime throughout such a period? When I examined the various amendments in preparation for today's Report Stage debate, I could not find any tabled by the Minister of State that would give effect to the couple's understanding of the suggestion - if not commitment - which was considered by the Minister of State some time ago. I ask him to provide the clarification I seek.

This Bill is very welcome. There is no question that the regime we hope to introduce should be in place. However, it would be wrong to detract in any way from the good that will be achieved. We have to ensure that prospective adoptive parents, who are processing their respective applications and seeking declarations of suitability, etc., in the hope or expectation of the successful adoption of a child from a non-Hague country, are fully catered for. The measures outlined in this amendment, which I strongly urge the Minister of State to accept, would achieve that.

I join in the appeal of my colleagues in strongly urging the Minister of State to accept this amendment.

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