Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I published this legislation last year. I considered it important that the public be aware, in advance of the referendum, of the changes we would be introducing in respect of adoption. The Deputy asked about the period of time. Under the draft Bill, children will have to be at least 18 months in the care of those who apply to adopt them. Parents will have to have failed in their duty towards the child for three years and have no reasonable prospect of resuming care of the child. I will remain true in the legislation to the provisional legislation I published before the referendum. I made it clear at the time that we would hold faith with the electorate and the legislation that was published, and that is what we will bring to the House. However, we might take the opportunity of the introduction of an adoption Bill to the House to deal with some issues that must be dealt with at present - for example, with regard to declarations. Following the signing of the Hague Convention, inter-country adoption has become much more complex in this country, given the need to have bilateral arrangements with countries that have not signed the convention. This has led to a very difficult situation for couples who wish to adopt, particularly from Russia, Ethiopia and a number of other countries. Ireland is one of the few countries that have such strict adoption legislation. Our legislation provides that there has to be a bilateral agreement with countries that have not signed the Hague Convention. Some other countries did not go down that route, but we did. It means we are left in a situation in which we have had to negotiate some very difficult bilateral agreements if adoptions are to continue, particularly from the countries I mentioned. If there are some issues I can deal with in this legislation, such as the one relating to declaration, I will take that opportunity. The declarations of couples will run out later this year, but because of the signing of the Hague Convention and the subsequent delays, the adoptions that those couples might have envisaged taking place have not taken place. We must address the issue of the timeframe of the declarations and I might take the opportunity of this legislation to do that when the proceedings are complete and it is brought before the House.

There is no connection to the legislation Deputy Joan Collins mentioned. That is separate legislation to provide for the tracing service.

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