John Perry (Sligo-North Leitrim, Fine Gael)

I thank the Deputy for raising this very important issue. I am taking this topical issue on behalf of my colleague, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald.

With effect from 1 November 2010, inter-country adoptions can be effected with other countries which have ratified the Hague Convention on Protection of Children and Co-operation in Respect of Inter-Country Adoption, known as the Hague adoption convention, or with countries with which Ireland has a bilateral agreement. Kazakhstan has ratified the convention. The Hague adoption convention is a formal state-to-state agreement between countries developed on a multilateral basis. It is a co-operative agreement drawn up to allow countries mutually to support one another in protecting the best interests of children in the inter-country adoption process. It is designed in such a way as to allow for mirrored mechanisms and structures mutually to assure countries of the safety and standard of inter-country adoptions in those countries.

The Adoption Authority of Ireland, AAI, performs the function of a central authority under the Adoption Act 2010 in accordance with the convention. In choosing to deal primarily with other Hague countries, the AAI has the mechanism to work collaboratively with equivalent structures in that country. Each central authority has the responsibility to oversee standards in respect of those parts of the process taking place within their respective jurisdictions. This mutual arrangement is designed to give the AAI, the Government and, most importantly, those involved in the adoption process assurance as to the standards being set and the oversight of the system.

If a country has ratified the Hague adoption convention then the Adoption Authority of Ireland may establish administrative arrangements, as provided for in section 72 of the Adoption Act 2010. The key difference between an administrative arrangement and a bilateral agreement is that governments are bound to one another by a bilateral agreement while administrative agreements are related to the sequence and process arrangements in place to support the safeguards already agreed between states. The Adoption Authority of Ireland works with central authority counterparts in the establishment of administrative agreements while bilaterals are government to government agreements.

In the case of Kazakhstan, the AAI has written to its counterpart central authority on three separate occasions, starting in September 2010, to begin the process of developing an administrative agreement for inter-country adoption. To date there has been no reply from the Kazakhstani authorities on the matter.

The AAI and the Department of Children and Youth Affairs became aware in the past two days that the Kazakhstani adoption authorities intend to hold a meeting on this coming Friday with representatives of Kazakhstani Government institutions and diplomatic representatives of foreign embassies and consulates. It is important to state that neither the AAI nor the Irish embassy were made aware of the meeting by the Kazakhstani authorities.

Unfortunately, it will not be possible for someone from the AAI to attend this meeting at such short notice. The Irish Embassy in Russia has also informed the Department that it will not be possible for the embassy to attend the meeting in Kazakhstan on Friday afternoon and nor is it in a position to authorise any group to attend on its behalf. However, the embassy, at the request of the AAI, will request information from the relevant authorities on the position for Irish couples hoping to adopt from Kazakhstan as soon as possible. In this regard, the AAI has indicated it is willing to open discussions with the Kazakhstani authorities at any time. In the interim the AAI is completing a review of Kazakhstan's adoption legislation.

The Adoption Act 2010, which provides the legislative framework for adoption in Ireland, is designed to provide a framework to ensure all adoptions are effected in the best interests of the child and to the highest possible standard. The phrase "in the best interests of the child" is absolutely key in this regard. It must not be forgotten that inter-country adoption is a service for those children who cannot be raised by their birth parents or cared for in their own country. The interests of the child must always be paramount throughout the adoption process. This is best achieved through the full implementation of the highest national and international standards governing adoption practice. This is the primary concern for the Adoption Authority of Ireland in conducting its business as it relates to inter-country adoption.

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