Frances Fitzgerald (Dublin Mid West, Fine Gael)

As we have seen from the range of contributions to the debate, many questions arise about intercountry adoptions. As soon as I took up this brief I realised we were in a transition period with new adoption legislation and the signing of the Hague Convention. Many of the countries from which Irish people had adopted, for example, Russia and Ethiopia, had not signed the convention. Effectively, this meant couples who had adopted from Ethiopia and Russia and were hoping to adopt from there again were in a different position.

I want to take up a point made by a number of speakers about the language used in discussing what happened prior to and after ratifying the Hague Convention. It is extremely important that there be no implication that something was wrong with those adoptions. This point was very well made by a number of speakers, including Deputy Ryan. Those adoptions went through the processes in place at the time and were registered with the Adoption Authority of Ireland. There is, therefore, no need for anyone to be concerned about them or raise questions about the processes in place at the time. However, we are in a new situation with the Hague Convention and specific standards and criteria have to be met.

To answer the question on the 19 couples seeking to adopt from Vietnam and caught in this transition period, I met the Minister for Justice in Vietnam and he specifically asked me to inform Irish families that Vietnam is ready to implement the Hague Convention and that it is the desire of the Vietnamese Government to co-operate with Ireland in the intercountry adoption of children for whom a suitable family cannot be found in Vietnam. Consent must be very clear; there must be no exchange of money, as a number of Deputies pointed out; the best interests of the child must be considered; and domestic adoption must be considered first. Having stated this I hope we can progress the suggested administrative agreement discussed during my visit to Vietnam.

I confirm that the Adoption Authority of Ireland has invited the head of the central authority for adoption in Vietnam to visit this country in the coming weeks. When we were in Vietnam, he indicated that he wanted to come to Ireland and we expect the administrative agreement to be established during the visit, the date for which must be confirmed.

One adoption agency, Arc Adoption, has been accredited for adoptions from Vietnam and another may also be accredited. There is no reason to have only one agency accredited. I hope, given the accreditation of an agency, or agencies, and the proposed visit by the head of the adoption authority in Vietnam to Ireland, we will begin to move as quickly as possible to end the long wait for the many families involved.

I stress the position has changed with regard to the children available for adoption because there will be more domestic adoptions in Vietnam. Most likely the children will be older and I do not think as many children as before will be eligible for intercountry adoption from Vietnam. Certainly, adoptions will begin again between Vietnam and Ireland. There is no reason for them not to. It is a question of establishing the scheme of administrative arrangements needed between the two countries. This will involve examining the processes in Vietnam and Ireland and ensuring they are compatible. It is a technical job more than anything else and I am reasonably optimistic. We are in a transition period because we have signed the Hague Convention.

Many Deputies spoke about the number of children available for adoption. It is heartbreaking to see so many children eligible for adoption, having been abandoned or orphaned. However, if we do not have an agreement in place with that country and arrangements have not been put in place that respect the principles of the Hague Convention, it is not so easy. There are processes to be gone through to ensure adoptions are safe.

The Deputy asked about Florida. I can confirm to the House that the Adoption Authority of Ireland has met the US central authority in Washington. A delegation travelled there at my request on 17 November to meet representatives of the State Department. A memo of understanding relating to inter-country adoption between Florida and Ireland has been drafted from this side and transmitted to the US State Department in its role as the central authority. The various issues which were under consideration were dealt with in that memo of understanding. If these are dealt with satisfactorily, I believe the situation regarding Florida will be clarified. I am in touch with the State Department on this matter, but it is primarily an issue between the two central authorities.

A number of speakers mentioned diplomatic initiatives. More satisfactory arrangements can be made between different countries this way because, clearly, there is a diplomatic side involved. A number of people, including the Minister of State, Deputy Costello, have done work in this area. I recently had a meeting with the Tánaiste in regard to his visits to different parts of the world to ensure that, during those visits, there would be a discussion on inter-country adoption in countries where this is appropriate. That is a helpful initiative. The chair of the Adoption Authority of Ireland briefed the Tánaiste and me in recent weeks.

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