Frances Fitzgerald (Dublin Mid West, Fine Gael)

I thank Deputy Breen for raising this matter, which is of great interest to many Members of this House. I commend him on the important work he has done as Chairman of the Joint Committee on Foreign Affairs and Trade on behalf of my Department during his recent visit to Vietnam.

The Hague Convention on lntercountry Adoption will enter into force in Vietnam on 1 February 2012. This is a significant milestone in seeking to promote a secure basis for intercountry adoption between our two countries, which was effectively in suspension for the past two years.

I have just returned from a useful visit to Vietnam that focused on intercountry adoption. My recent visit to Hanoi provided an opportunity for direct, personal engagement with relevant Vietnamese officials. I have engaged at a political and diplomatic level and my trip coincided with a visit by a delegation from the Adoption Authority of Ireland led by Mr. Geoffrey Shannon. While I was in Hanoi I was briefed on the programme of work that the Vietnamese Government has undertaken to complete the ratification process and improve its systems of adoption. It introduced new adoption legislation and there is a greater motivation to ensure all adoptions are processed centrally. It also wants to improve its systems of child protection and adoption, particularly domestic adoptions.

I met the Vietnamese Justice Minister, Mr. Ha Hung Cuong, who specifically asked me to inform Irish families that Vietnam is ready to implement the Hague Convention and that it is the Vietnamese Government's desire to co-operate with Ireland in respect of intercountry adoption of children for whom suitable families cannot be found in Vietnam. I particularly raised the issue of the 19 families who were caught just at the time when adoptions stopped two years ago and the 200 families who have been assessed. There is major sensitivity towards these families and they will be prioritised.

There are a number of key steps which must be undertaken next. We need to have an administrative agreement with Vietnam; that is the way to ensure best practice. This was the subject of separate discussions by the Adoption Authority of Ireland, AAI, with the relevant body in Vietnam. The authority is continuing its work on the accreditation of agencies, which is essential. We need an agency or agencies that will assist adoptive couples in Vietnam, and I am assured that this will be done by 1 February, which will lead to a further opening of inter-country adoption between the two countries. I have also invited the Vietnamese Minister for justice to visit Ireland. I am hopeful that, pending the developments I have mentioned, we will see inter-country adoptions beginning again between Ireland and Vietnam in the coming weeks or months. However, it is a changed situation, as the focus will be on domestic adoption first.

With regard to Ethiopia, some adoptions are currently being effected under transitional arrangements. They go ahead. However, I must inform the House that Ethiopia is not a signatory to the Hague Convention and, therefore, following the lapse of the transitional arrangements that currently exist, if we intend to continue adoptions from Ethiopia, a bilateral agreement will be necessary. Under section 73 of the Adoption Act, if I give the authority to the AAI to begin discussions with a non-contracting state to the Hague Convention, that can happen. We would need, if we were to do that, to analyse the current situation in Ethiopia and consider the compatibility of the laws between the two countries and the plans Ethiopia has to sign the Hague Convention. I gave approval very recently to commence the process of examining the feasibility of a bilateral agreement with Ethiopia, and the AAI has confirmed that it has commenced this process. I am conscious of the many families that have adopted from Ethiopia already and that they would like to see adoptions beginning again, but I must emphasise that as Ethiopia is not a signatory to the Hague Convention, this would require the negotiation of a bilateral agreement covering the key issues of consent and the circumstances that might apply if there were to be further adoptions.

The Deputy also asked about the events in Mexico recently which have received extensive coverage. The chairman of the AAI has commented publicly on the recent events. I must point out that comprehensive and clear guidelines about adoptions in Mexico have been on the AAI website for the past 15 months. I asked the AAI to visit Mexico and it did so earlier last year. I commend the authority on the work it has been doing with a whole range of countries. It had, I believe, seven advisories on its website to inform couples of how they should proceed if Mexico was their country of choice for adoption. I reiterate that the Mexican authority has stated there is no provision for private adoptions in the context of inter-country adoption between Ireland and Mexico. On that basis, prospective adoptive parents are and have been advised by the AAI not to enter into any private arrangements with individuals or private agencies in order to effect an adoption in Mexico, which is a signatory to the Hague Convention. That is very clear. Anyone considering Mexico as a country of origin should consult the AAI website for the latest advisory. Those who have already adopted from that jurisdiction or who are in the process of doing so should also refer to the authority's advice, which was issued on 16 January, and there will be further advisories.

The unfortunate developments we have seen in recent weeks underline the vital role of the authority in overseeing the implementation of the Hague Convention and the standards that apply between countries - the standards that must apply if we are to have the protection of children at the centre of our priorities. We want to promote the very best interests of children in our adoption policy nationally and internationally, and that is what is behind the information that is given to people by the AAI. If we do that, it will lead to high-quality decision making with regard to inter-country adoption, and the right decisions being made for children and indeed for parents.

See this speech in context