Finian McGrath (Dublin North Central, Independent)

I welcome the opportunity to contribute to this important debate on intercountry adoption. I welcome also that the Minister is in the House for this debate. This is an issue relevant to the many Irish families hurt and disappointed in Mexico in recent weeks. We all support the safety and protection of children. This debate should focus on the rights of the child to a safe and warm environment. This also applies in respect of foster homes, adoptive families, State care, child care and families under the care of the HSE. We need proper standards and regulation to ensure the maximum protection of the child and his or her needs. There can be no rowing back in this regard. I urge the Minister to work hard to deliver on making child safety the number one issue. We can deal with all other issues down the line.

I have always supported adoptive parents. I have experience in this area from a personal family situation and having worked with adoptive parents as a backbench Deputy. I have witnessed amazing caring situations. I am proud of our adoptive parents and families. They have made a massive contribution to this country. Let us not forget in this debate our foster families who do a great job for this country in terms of saving children from hardship, hurt and abuse. I commend them on the excellent contribution to this State and to society. I thank them for their efforts. They are giving thousands of children a warm and happy place of comfort and doing the State a great service.

Many families believe the process of adoption in Ireland is too long given that it can be completed in other countries in 15 months. This needs to be addressed. We all support the Hague Convention but there is a need to speed up this process.

The issue of genital mutilation in African countries needs to be discussed in this debate. This issue is relevant in the context of my earlier remarks on child safety and protection. The international community needs to stand up and be counted and ensure these children are protected. This is not a time for sitting on the fence. It is a time for protecting the rights of all children.

Another issue relevant to this debate but not yet touched on is children born through surrogacy, an important issue for 30 children in Irish families. There is no legislation in place in Ireland to govern surrogacy. As such, the Tánaiste and Minister for Foreign Affairs and Trade and the Passport Office are directing all parents to the courts. As there is no legislation, the courts have no guidelines on this issue and cases are often bumped into the High Court, the costs for which are crippling. Many families do not have the that type of money. I ask the Minister to examine this issue. The Tánaiste and Minister for Foreign Affairs and Trade has stated he has no responsibility in this matter, that it is a matter for the courts. This issue requires compassionate consideration. I would like to know the statutory legal basis upon which the Tánaiste and Minister for Foreign Affairs and Trade is refusing to issue a passport to a child born through surrogacy, with expressed reference to statutory legal provisions relied upon. Also, why is he insisting that parents of children born through surrogacy obtain a declaration of parentage when no such requirement is imposed in respect of applications for passports for children born outside Ireland to Irish citizens? One particular child, Robyn, who is 16 months old, has no parents, guardians, citizenship or passport. She and all other children born through surrogacy cannot be registered with a doctor or school. I have been asked by many people to raise this issue. I ask the Minister to examine this issue which is currently affecting 30 children in Ireland.

Adoptions from Ethiopia and Russia have been stopped owing to the Hague Convention on the Rights of the Child. There are no plans for a bilateral agreement in the future. What then is the position of those families who already have a child from these countries who want to extend their family with a sibling for their child? The waiting period for the adoption certificate is too long. While previously this process took six weeks, it now takes three to six months, owing, we are told, to staffing issues. Can orphans around the world wait for us to get our staff issues sorted? These children need us and many Irish families need them. The longer they remain in care, the more institutionalised they become and the less likely they will be adopted. This leaves them open to abuse such as genital mutilation, in particular in African countries, child trafficking, the sex trade and so on. I ask again, do we not uphold the rights of the child? Are we, in allowing them to remain where they are because we are bogged down with bureaucracy, abusing their rights? We should stop this abuse and allow Irish families to adopt. Many are disheartened by the process here. In Britain, the process takes only 12 to 15 months. It is important to raise such issues during this debate.

The Ombudsman for Children, Ms Emily Logan, provided advice to the Government on the Adoption Bill 2009, in line with her statutory function under section 7 of the Ombudsman for Children Act 2002 to advise Ministers of the Government on the probable effects of proposals for legislation on children. One of the issues raised in her advice on the Adoption Bill was the regulation of inter-country adoption and the ratification of the Hague Convention on intercountry adoptions. I am delighted we have an Ombudsman for Children who is supportive on these issues.

I referred to the recent crisis in Mexico. The board of the Adoption Authority of Ireland met recently to discuss the issue of the 11 Irish couples who became unwittingly embroiled in a suspected illegal adoption ring. The board, with five members, has ultimate approval in respect of all adoptions in Ireland, domestically and abroad. I commend Mr. Geoffrey Shannon, chairman of the adoption authority, on its work. Mr. Shannon has stated that the only adoptions recognised in Ireland are those approved by the state agencies in individual countries. The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption came into force in Ireland in November 2010. Mexico is also a signatory. Mr. Shannon also stated: "We are uncompromising in ensuring that international standards are met ... because the Hague Convention since November 1st is the instrument that regulates inter-country adoption." I support this.

As regards the situation in Mexico, the past few weeks have been difficult for the Irish couples involved. They have been questioned by the Mexican police but none was detained and most have since returned to Ireland. One teenage mother who was interviewed told how her nine month old baby girl was taken by a woman who paid her $755 and said the child would be used for an anti-abortion photo shoot and returned within a fortnight. The child was left in the care of an Irish couple in a resort town called Ajijic. The couple were given the impression that they would be adopting the child. One can only imagine the hurt and disappointment of the families involved. That is the downside of adoption.

On the positive side, I commend the Minister for her work in this area in which she has shown leadership. While Members on this side of the House are criticised regularly for not acknowledging when people in government do the right thing, as an independent Deputy I say it straight out as it is. The Minister stated earlier that the Adoption Act also contains an exceptional transitional provision that enables prospective adoptive parents to "proceed with an adoption from a non-Hague Convention or non-bilateral agreement country, if prior to 1 November 2010 they had been issued with a declaration of eligibility and suitability to adopt". The provision requires that the adoption authority is satisfied that the adoption meet the standards of the Hague Convention. I welcome these comments and strongly support the Minister in this. As the Minister emphasised, the key thing is the best interests of the child. As several of my Opposition colleagues already have noted, international standards of best practice are required. This is the way forward and is the sensible thing to do.

The Minister also touched on the numbers. Fore example, in the years 2010 and 2011, the number of registrations of intercountry adoptions amounted to approximately 200 people. Since the enactment of the new adoption legislation in 2010, the adoption authority has registered a total of 368 foreign adoptions. I mention these families because I wish to thank them and commend them. The Minister also touched on the risks, which is a matter about which all Members must be vigilant and careful. As she stated, the first priority is the welfare of children involved and every step must be taken to ensure the highest standards are in operation. This is something Members on all sides of the House will support strongly.

I will touch on an issue that has not been raised previously. It is a minority issue, albeit an important one, namely, adoptive parents who adopt children with a disability. That is an amazing thing to do and I have witnessed families who have done so. Moreover, an amazing contribution is being made to Irish society and I consider this to be active patriotism of the highest order. Adoption a child with a disability by young parents and young couples provides that child with an amazing opportunity. In addition, this affords the State an amazing opportunity to recognise such people as individuals who are making a massive contribution.

The Minister also dealt with the Vietnam issue. I am glad that rather than making telephone calls or sending e-mails, the Minister adopted a hands-on approach and travelled to Vietnam. She met people in Hanoi and took the opportunity for personal engagement with the Vietnamese authorities. Such actions and co-operation are necessary in such a situation. While I do not have the details, I understand Mr. Geoffrey Shannon also visited Vietnam at around the same time or previously. My point is that when dealing with such issues, Ministers must adopt a hands-on approach and consequently, I welcome the Minister's involvement on the ground.

I have touched on the serious Mexican issue and I refer to the Ethiopian issue. Ethiopia is not a signatory to the Hague Convention and the Minister has stated that future adoptions from Ethiopia, beyond those provided for under the transitional arrangements, would first require a bilateral agreement between Ireland and Ethiopia. I urge the Minister to get on with that and to deal with it positively and constructively. Moreover, the Adoption Authority of Ireland has a major role to play on this issue. I welcome the Minister's affirmation that she always will be guided by the advice of the Adoption Authority of Ireland, particularly with regard to redefining and redesigning intercountry adoption in line with best international practice.

Members must ensure that such children are protected. They must ensure they are put into warm, safe and secure environments and safe homes. This is an important point in this debate. I welcome this debate and I urge the Minister to consider the issues I have raised therein. I wish her well in the future in respect of her responsibility to look after and look out for the protection and rights of children.

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