Paudge Connolly (Cavan-Monaghan, Independent)
Link to this: Individually | In context

The Irish-Vietnamese adoption agreement raises many issues which must be dealt with. It affects a small group of people but has a major impact on their lives. Effectively, there are two groups of people concerned about the recent media revelations, namely, those who have successfully completed their Vietnamese adoption, who are concerned about the validity of that adoption, and those prospective parents who have made initial payments but who do not know the status of their applications at this time. The difficulty is that there has been no communication with these people from the Irish Adoption Board, which is entirely unacceptable. These people are distraught and it is a horrible situation for them.

The difficulties first surfaced when the Adoption Board was tipped off that the chief liaison officer, a Vietnamese lawyer who had worked in the USA, was working for the adoption mediation board with regard to the Irish-Vietnamese adoptions. It transpires that the person concerned has a criminal record. She was convicted in the United States of a conspiracy to defraud, obstruction of justice and witness intimidation, and sentenced to three years in jail, with three years supervised release following that jail term. Therefore, the person to whom we have entrusted the sensitive position of liaison officer for Irish-Vietnamese adoptions, and into whose personal bank account drafts and dollar cheques would have to be paid, has a clear criminal record. The final payments arising from adoption agreements were to be paid directly to her in $50 and $100 notes. Dealing in cash sums to an individual is unusual practice.

The only action proposed in this matter is to ask the Irish Adoption Board to carry out its own investigation. This is unacceptable and I call for an independent investigation into how this was allowed to happen and, specifically, into the adoptions in which the lawyer or mediation person in question was involved. Having the Irish Adoption Board investigate itself creates a major conflict of interest and is unacceptable. As the board is not subject to the Freedom of Information Act or the Ombudsman Act, it is effectively a closed shop carrying out an internal investigation. As a result, we may never know what took place.

While I respect the fact that adoption, by its nature, is confidential, in policy terms it is in the public interest that we should be in a position to ask questions about and find out how the Irish Adoption Board operates. What procedures were followed in appointing the individual concerned? I have been informed in a written answer that the Adoption Board has asked the Garda to check the veracity of the allegations. One would expect this to take one or perhaps two weeks to complete. One simple telephone call to the court records department in the state of Virginia in the United States would ascertain the position because these matters are on record.

As well as calling for an independent investigation, I ask that contact be made with those who have adopted a child in Vietnam. I met a young couple who were in tears because they had read newspapers reports on this matter and no one had communicated with them or reassured them. Many other couples who have adopted children do not know if the adoption is valid. I ask that direct contact be made with all the individuals concerned.

The bodies involved in this matter have received Government funding. People try to adopt legally, although illegal adoptions did take place for a period. The practice under discussion is virtually illegal because requiring people to pay cash in $50 and $100 notes is not much better than illegal.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I thank Deputy Connolly for raising this important matter. He correctly raised the question of those who have adopted children from Vietnam and those who intend adopting from that country. I assure him no issue arises concerning the validity of adoptions which have already taken place. They are in order and I will explain the reason. Moreover, as far as prospective adoptions are concerned, arrangements are in place to continue with adoptions from Vietnam.

The Deputy was critical of the approach of the Irish Adoption Board. The board is an independent statutory body headed by a former judge of the District Court. It is a quasi-judicial body which exercises its functions in an independent way. I was glad the Deputy acknowledged the important confidentiality which must attach to the proceedings of the Irish Adoption Board. In light of the fact that a delegation headed by the chief executive of the board returned from Vietnam today, the Deputy's decision to raise this matter is timely because I am now in a position to furnish the House with up-to-date information on the issue.

In accordance with the Adoption Act 1991, a person or persons who are resident in Ireland and wish to adopt a child from another country must apply for a declaration of eligibility and suitability. Such declarations are issued by the Adoption Board. The application must be made through their local Health Service Executive office or adoption society. The applicant or applicants are then assessed by the Health Service Executive or adoption society in line with the standardised framework for inter-country adoption assessment to have their eligibility and suitability established. The assessment process involves a number of stages and the length of the process can vary between applicants depending on the particular circumstances of each case, bearing in mind at all times that the paramount consideration is the best interests of the child.

Vietnam has become a popular country of choice for Irish couples wishing to adopt. Until 1999 only two children had been adopted from Vietnam to Ireland, with a further 104 adopted up to the end of 2002. Vietnam suspended all adoptions with effect from 1 January 2003 to countries which did not have in place a bilateral agreement on adoption. To continue adoptions to Ireland from Vietnam, a bilateral agreement on adoption was agreed in March 2003 following negotiations in Hanoi between both countries. I salute the staff of the Adoption Board and Ambassador Mulhall who did Trojan work to secure this agreement, which is in line with the principles of Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption.

Following the ratification of the agreement, adoptions recommenced from Vietnam on 6 July 2004. Since then 143 adoptions have taken place and a further 87 applications are awaiting a referral from the Vietnamese authorities. Part of the agreement is that Ireland would establish a mediation agency to facilitate Irish applicants with adoptions in Vietnam. In April 2006 both the Adoption Board and the Vietnamese Government licensed Helping Hands adoption mediation agency to facilitate adoptions under the adoption agreement.

For many years, I have been concerned in connection with overseas adoptions that Ireland did not have a mediation agency in place. Strict rules are in place regarding those who can adopt. As I outlined, the necessary declarations must be obtained from the Adoption Board and the necessary courses of preparation must be done with an adoption society or the Health Service Executive. Our assessment of the suitability of those who wish to adopt overseas is way ahead of most jurisdictions in the world. We do not, however, regulate the procedures in place in the country in which adoptions are sought. It was for this reason that I raised with the Adoption Board, on my appointment as a Minister, the question of the recognition of an agency which would facilitate the recognition of adoptions and arrangements for adoptions in the country in which the adoption is sought.

The Helping Hands adoption mediation agency is the first such agency established in this jurisdiction. It supports applicants through the adoption process during what is, inevitably, a stressful and unfamiliar but important life event for them. Helping Hands also ensures that adoptions are carried out in conformity with Irish and Vietnamese legal requirements.

The Deputy pointed out that certain anonymous allegations were made against an individual who was involved in the adoption process on the Vietnam side. Full checks were made on the individual in question prior to her appointment by the agency and these turned out to be negative. The Deputy stated that a simple telephone call to a particular place in the United States would rectify the matter, but in fact the initial inquiries did not put the position right and misled the authorities here on the matter.

Seán Ardagh (Dublin South Central, Fianna Fail)
Link to this: Individually | In context

The Minister of State's time is concluded.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

Will the Acting Chairman to indulge me for a few moments because Deputy Connolly is anxious to hear the conclusion of my reply?

Seán Ardagh (Dublin South Central, Fianna Fail)
Link to this: Individually | In context

Yes.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The vice-chairperson and chief executive officer of the Adoption Board returned from Vietnam today following a visit to review the adoptions facilitated by the individual to whom the Deputy referred and who acted as a facilitator for adoptions from Vietnam by Irish residents, and to ensure that the bilateral adoption agreement between Ireland and Vietnam continues to operate successfully. The person in question had been suspended from duties following receipt of the anonymous allegation.

Following a number of meetings with the central adoption authority at the Vietnamese Ministry of Justice, the Adoption Board has received written notification from the Ministry of Justice in Vietnam confirming the legality of adoptions effected under the Irish-Vietnamese bilateral adoption agreement and that these adoptions were processed in accordance with Vietnamese legal requirements.

The lady referred to by the Deputy has resigned from her consultancy position with Helping Hands adoption mediation agency and has agreed to transfer the remaining Vietnamese adoption dossiers and fees to the Helping Hands adoption mediation agency in Vietnam. Arrangements are being put in place in this regard by the mediation agency. The authorities in Ireland and Vietnam welcome these developments. The board awaits confirmation from the Irish authorities regarding the allegations made against the person in question. For all practical purposes the matter has reached a resolution. I thank the Deputy for raising this matter.

Paudge Connolly (Cavan-Monaghan, Independent)
Link to this: Individually | In context

I acknowledge the efforts of the Department of Foreign Affairs. I also want to reassure the 87 applicants who have paid deposits——

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

If that is in place, there is no threat to those who have adopted or those who intend to. I thank the Deputy for his timely raising of this issue.