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

I thank all Deputies who have contributed to this debate. I also thank all Members who have received representations on this issue and conveyed these concerns to me in a detailed way over the past few months.

I prefer to be here introducing legislation we can stand over rather than making promises at an earlier stage. Quite a detailed examination was necessary to make this change to the legislation. Drafting legislation sometimes looks simpler than it actually is. When one goes into the background to changes involved in this Bill, however, one can see there are quite a number of issues to be examined. Ireland has signed the Hague Convention, so consideration had to be given to our obligations under the convention in this legislation.

Deputy Ó Caoláin and others spoke about the life-changing experience of adoption and the potentially heartbreaking consequences when it does not quite work out. There have been dramatic changes to the nature of adoption in Ireland in recent years. Between 2004 and 2010, there were 920 adoptions from Russia to Ireland. Based on my contact with the Russian-Irish adoption support groups, the Russian authorities, families and the children, these adoptions seem to be very successful. However, our signing of the Hague Convention created problems for many families adopting from Russia, Ethiopia and other non-Hague signatories.

There is an irony that those children most in need of adoption are often in countries that may not have a central adoption authority, where systems are poor and it is difficult to arrange an adoption. Many of these children are in institutions such as orphanages in which they have no contact with their families. Yet when we demand certain standards and procedures - rightly so - these children do not become available for adoption. I understand Deputy Clare Daly’s point about the potential risks faced by children in vulnerable situations. We have to be careful too that obstacles are not put in the way of achieving what is in the best interests of these children so that they are prevented from getting a second chance of having a family. We must work on our bilateral arrangements and international relations to ensure children in such circumstances get a second opportunity while, equally, being aware of the potential for trafficking and inappropriate placements. That is why the standards of the Hague Convention are so important - because they are about free and informed consent, as well as subsidiarity.

Many countries continue to work on adoptions with countries that have not signed up to the Hague Convention but apply Hague standards. I must point out that it is difficult to negotiate a bilateral arrangement with Haiti, Russia or Ethiopia. Yet in these countries there are many children who need to be given a second opportunity in their best interests. We have kept the Hague secretariat informed of our developments in this regard. We are continuing to have discussions about how the international instruments can be applied and how we can maintain high standards. It is about the children. No one has the automatic right to adopt. Everyone has to go through an adoption procedure. It is about what is best for the child.

I have worked closely with the advocacy groups, which have done great work in this area. I appreciate the uncertainty the families in question have experienced. In general, the adoption process can be very demanding on couples. We are trying to change the length of assessment for adoption.

Extensive diplomatic efforts were made by the Tánaiste and Minister for Foreign Affairs and Trade, as well as our ambassador in Russia, with Russian officials on resolving this issue. We tried to find some solution other than this change to our own legislation. However, it did not prove possible to do that. We also had to seek legal advice as to whether an amendment after 31 October could be applied retrospectively. Clearly, it can be. We had to make direct contact with the individuals concerned and get as much detail as possible. When one is dealing with the precise way in which other countries handle adoption, it can be difficult to get the level of detail required.

We have managed to draft amending legislation that respects our international obligations and deals with the families caught up in the changes introduced by Russia to its internal adoption legislation. Hopefully, this Bill will allow these families to conclude the adoptions they have started. When we were drafting this legislation - my officials, the Department and the Attorney General - our main thoughts were with those children in institutions who were available for adoption to Irish families. I thank Members for the care and concern they have taken on this issue, as well as the support they are offering this Bill.

See this speech in context