Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I thank Deputy Creed for raising this very important issue, which I am taking on behalf of the Minister for Children and Youth Affairs, Deputy Fitzgerald.

The Adoption Act 2010 provides for inter-country adoption between countries that have ratified the Hague Convention or between countries with which Ireland has a bilateral agreement. Section 63 of the Act, which allows applicants who held valid declarations prior to the commencement of the 2010 Act to proceed with adoption in a non-Hague Convention country, refers to "a state that, in the opinion of the [adoption] Authority, applied standards regarding the adoption concerned that accord with those in the Hague Convention". This measure will have been in place for three years when it expires at the end of October. I am advised that the Minister, Deputy Fitzgerald, has no plans to extend the provisions any further than that.

Russia became a signatory to the Hague Convention on inter-country adoption on 1 September 2000 but, unfortunately, to date it has not ratified the convention. Therefore, for inter-country adoptions with Russia to continue after 31 October 2013, when the transitional arrangements for prospective adoptive parents holding declarations of eligibility and suitability to adopt issued prior to the commencement of the Adoption Act 2010 come to an end, it would be necessary to negotiate a bilateral agreement under Article 73 of the Adoption Act 2010.

In March of this year, the Minister, Deputy Fitzgerald, travelled to Moscow, accompanied by Dr. Geoffrey Shannon, chair of the Adoption Authority of Ireland, in order to discuss at a diplomatic level the potential for a bilateral agreement with Russia. During her visit she met her counterpart Dmitry Livanov, the Minister of Education and Science of the Russian Federation. This meeting was productive and allowed for an exchange of views on the possibility of Ireland's entering into a bilateral agreement on inter-country adoption with Russia. The Russian authorities acknowledged the satisfactory outcomes for the 1,300 or more Russian children adopted in Ireland since 2002 and expressed a willingness to conclude an agreement which would be subject to the approval of the Russian Parliament. The Minister stated that many Irish families were hopeful of completing future adoptions of Russian children.

During these meetings the Minister, Deputy Fitzgerald, reiterated to the Russian authorities that the Irish Constitution protects the integrity of family life and that once adopted in Ireland the child is treated in the same way as all other Irish children. This means that the ability of the State to intervene in a family when a child's welfare and protection is not compromised is limited. The Minister highlighted the implications of this constitutional imperative in instances in which families who have given commitments to the Russian authorities in regard to the provision of post-placement reports - that is, reports to the Russian authorities subsequent to the completion of an adoption - fail to adhere to those commitments. In these instances the State has no legislative power to enforce compliance with the commitments given by Irish families, legal or otherwise, to provide post-placement reports. In saying this, she emphasised the high standards of child protection that exist in Ireland for all children and the legislative basis under which these standards are enforced. The Minister also emphasised the commitment of the State to intervene in instances in which the safety or welfare of any child, adopted or otherwise, is in any way compromised and outlined the total commitment of the Irish Government to child protection and welfare.

The Department of Children and Youth Affairs has undertaken an examination of the draft bilateral agreement on inter-country adoption proposed by the Russian Federation. The Department has focused in particular on the issue of post-placement reporting for Russian children adopted in Ireland, which the Russian authorities have indicated will be a necessary component of any bilateral agreement. To this end, a draft wording of the sections of the draft bilateral agreement that relate to post-placement reporting is being developed. Departmental officials are in active discussions with officials in the Office of the Attorney General and the Department of Foreign Affairs on advancing a draft agreement for consideration by the Russian authorities. The Minister has invited the Russian authorities to visit Ireland in September with a view to finalising consideration of this aspect of the draft bilateral agreement.

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