Cyprian Brady (Dublin Central, Fianna Fail)
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I spoke earlier to the Minister of State, Deputy Barry Andrews, about this matter and I understand that he has a previous commitment this evening. I am raising the issue of the possible renewal of a bilateral adoption agreement between Ireland and Vietnam. As we know, the whole area of adoption is a sensitive and personal one. I have been contacted by a number of people who are at various stages of the adoption process. At any one time there can be up to 1,500 people at different stages within that process. This agreement was put in place quite a number of years ago with the Vietnamese who have a particular issue with young children being abandoned in their country. In the 1970s and 1980s we had a successful refugee programme between Ireland and Vietnam. Indeed, in my own constituency of Dublin Central we have a vibrant, well-attended community centre in Hardwicke Street for the Vietnamese population based in Dublin. From speaking to those people, I know that they are grateful that young Vietnamese children are being adopted and get a great opportunity to live with people who are willing to bring them here and become their parents. However, there is some delay in renewing this inter-country adoption agreement. It is a sensitive matter and the adoption process itself is very difficult. It is only right that the best people are selected to adopt these young children. There are two sides to this story. There is the couple in Ireland anxious to provide a loving home for a young child and there is also the child who is in an orphanage or institution in Vietnam. I look forward to the Minister's update on this matter.

Seán Haughey (Dublin North Central, Fianna Fail)
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I am taking this Adjournment matter on behalf of my colleagues the Minister for Health and Children, Deputy Harney, and the Minister of State, Deputy Barry Andrews. Deputy Andrews spoke to me about the matter earlier and regrets he could not attend the Chamber.

The mutual co-operation agreement concerning adoption with the Socialist Republic of Vietnam has been in operation for five years and will expire on 1 May 2009. The agreement contains a clause which states that it will be automatically extended for another five-year term, unless one state notifies the other to the contrary.

The Government formally notified the Socialist Republic of Vietnam in October 2008 that there would be no automatic renewal of the agreement when the five year term expires on 1 May 2009. While Ireland's current agreement is based on Hague principles, there is a need to elaborate the agreement to reflect the standards of the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption more comprehensively. This is in line with Ireland's own commitment to ratify the convention. It is also considered necessary to reflect the experiences gained by both sides over the first five years of a formal relationship between the two states. This approach is also part of the preparations for new adoption legislation in which it is proposed that a bilateral agreement will be required between Ireland and any state which has not ratified the Hague Convention. The Socialist Republic of Vietnam has not yet ratified the convention.

Following the notification, officials travelled to Vietnam in November 2008 to meet the relevant authorities dealing with inter-country adoption as well as the embassies of other governments to discuss inter-country adoption in Vietnam generally and progress towards ratification of the Hague Convention.

In December 2008, following a decision on the matter, the Government advised the Vietnamese authorities that it wished to enter into discussions immediately for the purpose of negotiating a new bilateral adoption agreement to follow on from the existing one. In order to expedite the negotiation process, Ireland offered to provide the Vietnamese authorities with the draft agreement as a basis for negotiations. The Vietnamese authorities responded positively to Ireland's request to enter into formal negotiations and the proposal that Ireland would prepare a first draft was agreed.

Work on a draft agreement requires careful and detailed consideration by several parties including the Department of Foreign Affairs, the Attorney General's office and the Adoption Board. An initial text was prepared by the Office of the Minister for Children and Youth Affairs in December and it is now at an advanced stage. It will be finalised shortly once legal advices have been received on outstanding matters. It is anticipated this will be forwarded to the Vietnamese authorities for their consideration in the immediate future.

The issue of contingency arrangements in the case of an agreement not being reached by 1 May 2009 was raised by the Government in a December 2008 communication to the Vietnamese. The Vietnamese authorities formally advised on proposed contingency arrangements on Friday, 13 February through the Irish Embassy in Hanoi. The Office of the Minister for Children and Youth Affairs subsequently prepared and circulated a public information note on the contingency plans to prospective adoptive parents through the Helping Hands Adoption Mediation Agency and the adoption support groups.

These are contingency plans in the event of an agreement not being reached by 1 May 2009. The Department of Health and Children is continuing to pursue the successful conclusion of a bilateral agreement with Vietnam as a priority. The Government will continue to seek to revisit the contingency arrangements which have been put in place over the course of and in light of negotiations on a new agreement.

The Socialist Republic of Vietnam is a sovereign state and decisions it makes regarding the internal regulation and management of the adoption of its children must be treated sensitively as is appropriate to a sovereign state. Demands for guarantees or changes to contingency arrangements are matters which fall to be dealt with as part of the negotiation process on a bilateral basis. At this stage, I cannot pre-empt either the Government's deliberative process as those negotiations advance. The Department's priority is to advance the process.

The work to prepare for and advise the Government on this issue and to implement the Government's decisions continues to be given the highest priority. These are complex matters which require careful consideration. At all times, the Government and the officials advising it, are guided by the need to respect and protect the best interests and rights of the child.