Simon Harris (Wicklow, Fine Gael)

Like other Deputies, I welcome the opportunity to be provided with this forum to speak on the important issue of intercountry adoptions. Clearly this is an issue which is of great interest to many families, considering Ireland has one of the highest rates of intercountry adoption across Europe. For the children and the families involved in the adoption process this is a significant undertaking with consequences for several years before, during and after the adoption process. My colleague, Deputy Farrell, mentioned the range of emotions, concerns and stresses from time to time that parents and families in these situations experience. I have learned much from the debate which has been very reasoned and informative.

Deputy Ó Caoláin's contribution was extremely informative to a new Deputy like me in terms of providing an overview of how far we have come. That we have a new Department of Children and Youth Affairs has provided the Oireachtas with time that, perhaps, a previous Oireachtas have not had to discuss issues regarding children and youth affairs. That is welcome.

Clearly, the Minister has achieved much in a short period in terms of providing clarity on a number of the issues she has inherited. Her trip to Vietnam showed the process and the progress that can be made through direct intervention. The decision to incorporate the Hague Convention directly into Irish law in 2010 was welcome in that the convention is geared towards ensuring the integrity of the adoption process and, crucially, as Deputy Ciara Conway called for, protecting the rights of adopted children.

However, some families who had already engaged in the adoption process prior to the coming into force of the agreement have been left in a legal limbo. The Minister is aware of this. They have done everything by the book, followed all the rules of the Irish State that existed at the time and went through the lengthy process. They, too, have had the interest of the child at heart but find they cannot have the adoptions registered in Ireland as a result. This issue was highlighted by the Ombudsman for Children in November 2009, prior to the enactment of the Adoption Act. Great credit must go to the Office of the Ombudsman for Children for that work.

I welcome the direct and personal engagement of the Minister in that area. Her recent visit to Vietnam has produced positive results and has allowed her to raise the cases of 19 families, who have been in such limbo since these adoptions were stopped two years ago, in her conversations with the Vietnamese justice minister. I am glad to hear that these families and the 200 families who have already been assessed will be prioritised when adoptions resume shortly. An indication of progress is that the Minister has asked her officials and the Adoption Authority to explore the possibility of establishing a bilateral agreement with Ethiopia. This will come as good news to many families and potential adoptive parents.

There are some broader issues I wish to highlight. One family with whom I came in contact outlined the obstacles they face in finalising an adoption from Florida. I understand there are approximately 20 other couples in roughly the same position. They said:

We have fallen into a gap with regard to having our adoptions registered in Ireland as a result of the implementation of the Hague Convention into Irish law. It appears that the Adoption Authority are refusing to consider registering any of these adoptions. They seem to be basing this view on the understanding that if the adoption was finalised after the Hague Convention was implemented into Irish law then the adoption should be subject to the rules and regulations of the Hague Convention. Of course, this approach, [in their own words] completely ignores the fact, as the adoption process in their case began over five years ago, it could not possibly have been carried out in accordance with the rules and regulations of the Hague Convention, which were not part of either Irish law or US law at the time.

This is a matter on which I have corresponded with the Minister and raised through parliamentary question. This is a family that has completed the adoption process in Florida. I raise this as an example of a challenge facing about two dozen families. They did everything correctly. They carried out the adoption process to the letter of the law and, as far as the Florida authorities are concerned, that adoption has gone through and that child has been formally adopted. That child lives here with that family in Ireland. However, they still cannot register their adoption with the Adoption Authority in Ireland.

The Minister will understand, appreciate and empathise with the great stress and concern associated with that. Anything that can be done to regularise these arrangements, primarily in the interests of the child, would be welcome.

A related issue brought to my attention involved a family which had adopted two children from Vietnam before the ratification of the Hague Convention. The agency through which they completed the adoption was not accredited after the Hague Convention was ratified. As a result, the post-placement reports for the adoption authority which the family were required to complete are no longer being sent to the agency in Vietnam. Consequently, this family, through no fault of its own, finds itself to be in breach of a binding legal agreement. While this specific case may now be resolved since the Hague Convention has entered into force in Vietnam on 1 February, this will allow the Adoption Authority of Ireland to begin the process accrediting Vietnamese agencies. However, the issues highlighted by the family relate not only to Vietnam but to other countries with which Ireland has had bilateral agreements prior to the Hague Convention.

I recognise the excellent work currently being undertaken by the Adoption Authority of Ireland in working with signatories of the Hague Convention and other countries to ensure processes are in place which protect the best interests of children in the adoption process. The recent events in Mexico serve as a stark, tangible and real reminder of the importance of this. It is important that anomalous situations created by the ratification of the Hague Convention are addressed comprehensively as a matter of urgency. It would be most unfortunate to have a situation whereby families are allowed to fall through the gaps created by the Hague Convention through no fault of their own. Anything that can be done by the Department and the authority to regularise those who played by the rules and who put the interests of children first would be appreciated. I welcome the Minister's decision to grant approval to the AAI to examine the feasibility of introducing a bilateral agreement in Ethiopia. I understand a similar review is taking place in respect of Kazakhstan which has ratified the Hague Convention and I would welcome any update on this issue.

I thank the Minister and I commend her on her commitment to keeping public representatives appraised of the progress made in establishing the necessary processes and to ensure that intercountry adoptions that safeguard the rights of the child can proceed. I am contacted frequently, as are many public representatives, by families seeking an update on the work of the adoption authority. I praise the adoption authority, in particular the chairman, Mr. Geoffrey Shannon, who operates in a voluntary capacity and does such excellent work. However, in the interests of providing a regular flow of information in terms of providing fact and assurance to families, it would be useful if the Minister in conjunction with the AAI considered establishing a similar information flow for public representatives to that provided by the HSE, the immigration service and NAMA. This would be a positive step in keeping us informed and appraised and it would place the responsibility on Members and legislators to keep abreast of these important issues regarding child protection and adoption. The families involved do not seek to influence the work of the adoption authority. Its independence and its application of the guidelines must be paramount and sacrosanct. However, it is important that there is a constant flow of information.

I refer to some issues which arose during the debate. Deputy McConalogue referred to the Minister's intention to hold a referendum on children's rights. I agree with him, as do many Deputies, that it is desirable to hold this referendum on its own. I am keen to see a referendum proceed with children as its exclusive focus. Any political wrangling or posturing that other referendums inevitably generate would be best parked on the day. I call on the Minister will examine the feasibility of this and to consider the matter carefully, since she is determined to get the best outcome. I disagree somewhat with Deputy McConalogue in another way and Deputy Conway also alluded to this in another area. We are keen to have these developments as soon as possible but we are also keen to get them right. This aim must supersede any political desire or temptation to hold a referendum in the morning. I understand from the Minister's public comments that she shares this view and understands this reality. We only have one opportunity to get the best possible constitutional framework for children's rights. We urge the Minister to get it done as quickly as possible. However long it takes, the Minister will have my support and the overwhelming support of most Members.

Deputy Finian McGrath referred to surrogacy. This is a real issue for many families. We need guidelines and clarification on surrogacy.

We must also examine how the Child Care Act interacts with the Refugee Act especially at the stage when the child becomes an adult in the eyes of the law on reaching 18 years of age. I have raised this issue previously with the Minister during Oral Questions in the House. We must ensure that regardless of whether children are adopted, any child who enters the State is cared for in a compassionate way. Work must be carried out involving the Department of Justice and Equality and the Department of Children and Youth Affairs on this issue.

The Minister managed to achieve what many doubted she would achieve - I always knew she would - on the issue of social work commitments in the Ryan report and the provision of extra social workers. She is to be commended on this. However, there appears to be a geographic imbalance. In my constituency of County Wicklow I have heard alarming reports that the level of provision of social workers for child and family issues is down. I call on the Minister to pay attention to my constituency, to address the anomaly and to ensure a correct geographic spread to cater for the needs of children. I thank her again and I commend her on her work. I look forward to continuing to contribute on these issues.

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