Charlie McConalogue (Donegal North East, Fianna Fail)

I thank the House and the Minister for ensuring that time was allocated to debate the issue on the floor of the Dáil today because it is an important issue to many families across the country, and in particular to prospective adoptive parents. It is also something which is of great value to the many children who find themselves in adoptive families with the chance that offers them to have a new life, in many cases a much better chance in life than would have been the case had they not been adopted.

It is opportune that time has been allocated for today's debate given the confusion among many prospective parents who have engaged with the adoption process and have made the decision that they want to go down that road. It has been a difficult couple of years for many of them during the bedding-in period following the introduction of the Hague Convention. Many couples were in the process of adoption prior to the implementation of the Adoption Act 2010 when this country signed up to the Hague Convention.

I note the work done by the previous Minister, Mr. Barry Andrews, to introduce the Act and put in place a framework in which adoption here could be regarded as safe and secure for families adopting and provide a platform of assurance that the intercountry adoptions process is in the best interests of those children who come here.

Today's debate follows on from the Minister's visit to Vietnam with the chairman of the Adoption Authority and staff from both offices. I commend the Minister for taking the step to travel to Vietnam with the Adoption Authority to engage with the Vietnamese Government and Minister for justice to assess where they are at in terms of its decision to sign up to the Hague Convention from the start of February 2012, and to tease out the issues on a face-to-face basis which must be resolved for adoptions to be able to proceed and commence once again between Ireland and Vietnam.

In recent years a significant number of children were adopted from Vietnam. The Minister referred to a total of 700 Vietnamese children living here now, and having met many of them, happily so. When the previous intercountry agreement with Vietnam lapsed in mid-2009 many families were in the process of adopting children. Up to 200 families had engaged with the authorities in Vietnam at that stage to seek to adopt children. A total of 19 families were at an advanced stage of the adoption process. It was highly distressing and stressful for those in that situation. It is a long process from making a decision to adopt, getting approval and reaching the stage of finalising an adoption. Families and prospective parents must indicate during the application which country they seek to adopt from. In many ways they are then tied in to that choice. In the case in particular of those who had chosen Vietnam and engaged with the process there, when it stalled it left many in a distressed situation. No doubt, like me, many Deputies have spoken to prospective parents involved.

The chairman of the Adoption Authority of Ireland, Mr. Geoffrey Shannon, gave a radio interview on Radio 1 alongside the Minister, Deputy Fitzgerald, upon her return from Vietnam. As was appropriate, he stated that adoption was not a service for parents, but for children and that the rights of children must be paramount at all stages. It is good that so many prospective parents are keen to adopt children and make them a part of their lives, but there is an onus on us all - parents are supportive in this regard - to ensure the processes in place in the countries with which we are undertaking adoptions are as secure as possible.

Consider the recent situation in Mexico in which some prospective parents have unwittingly found themselves. Even though Mexico is a signatory to the Hague Convention, this type of situation has developed. It is crucial that adoptions be undertaken through foreign countries' approved agencies and with the full approval of the Adoption Authority. The children seeking to be adopted are at a vulnerable stage in their lives and are normally not in a position to make the necessary decisions. It is essential that our Administration and the administration of the countries with which we are engaging take on the responsibility of ensuring children's rights are at the core of adoption services and appropriate structures are put in place.

In the Minister's closing remarks, perhaps she could elaborate on the precise details that remain to be ironed out with the Vietnamese authorities. In terms of financial transactions, was ensuring the Hague conditions discussed? No cloud can hang over the issue, given the doubts raised by previous reports. That situation led to the intercountry agreement between Ireland and Vietnam not being signed in mid-2009 pending the Vietnam's adoption of the convention. What is the likely timeline? Vietnam will sign up on 1 February, but I do not under-estimate the amount of work that remains to be done. I noted the caution in Mr. Shannon's comments, in that while every effort would be made, much work remains to be done. We want to be clear so that Irish people seeking to adopt know what the outcome is likely to be.

A significant number of adoptions were processed in Florida, yet prospective parents are still quite unclear about adoptions from Florida and Russia. After indicating their willingness to adopt through both, they have found themselves in limbo. I understand the Adoption Authority and the Department's difficulties with providing specific timeframes, given the lack of certainty about how to sort out the remaining issues, but it is important that we communicate as much information as possible to prospective parents. It is a highly distressing situation after having invested so much commitment and time.

That so many countries have ratified the Hague Convention is important. Some 57 countries have signed up to it. According to the Minister's remarks on the number of future adoptions that are likely to emanate from Vietnam, their profile will be different and the Vietnamese authorities will be required to ensure children have an opportunity to be adopted within their own country. Although it will lead to fewer children getting the chance to live in our country, the Hague Convention will ensure the child's interests are paramount. That children will have an opportunity to be adopted within their own country is welcome.

I urge the Minister to continue her work with the Adoption Authority on finalising outstanding arrangements with other Hague Convention countries in order that adoptions from them can occur. She should also progress our bilateral agreements.

I will address domestic adoptions and emphasise the importance of changing our arrangements, particularly in the context of the children's referendum, a constitutional change that would afford all children the opportunity to be adopted regardless of their parents' marital status. For decades, there has been a significant decrease in the number of children being adopted domestically. In many ways, this is a good sign, as children are going to homes that welcome them. However, there will always be a number of children for whom adoption offers the best future. Unfortunately, the current structure of the Constitution means that many children must spend much of their lives in foster care and cannot be adopted by their foster families. That this anomaly has not been addressed to date is unfortunate. Legislation was to have addressed it, but High Court rulings narrowed the legislation's provisions down so significantly that it became ineffectual.

I urge the Minister to fast-track the referendum as quickly as is appropriate. I also urge her to consult the political parties and the Joint Committee on Health and Children. In a recent interview, she mentioned that the wording was nearly finalised. I am concerned that, although the wording has nearly been finalised and the Minister is discussing holding the referendum in just a few months, she has not consulted other parties or the committee.

The Minister should consider putting two questions in the referendum, one on adoption and the other on children's rights. This idea deserves a great deal of consideration. The referendum should be held on its own so that it can be given the appropriate attention. Consultation, working together and information will play key roles, particularly given the lessons of last year's referendums. I urge the Minister to engage promptly with the other parties and the committee on the referendum's wording. She should also set a date for the referendum.

I commend the Minister for her work, which is important for many prospective parents. I urge her to keep pressing the issue and thank her for raising the matter on today's agenda.

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