Pat Rabbitte (Dublin South West, Labour)
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Question 6: To ask the Minister for Foreign Affairs if his attention has been drawn to the fact that the Russian Federation has halted intercountry adoptions from that country to Ireland; the support he is providing to the Department of Health and Children in negotiations to recommence such intercountry adoptions; and if he will make a statement on the matter. [21852/09]

Dick Roche (Wicklow, Fianna Fail)
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The Adoption Bill 2009, which was launched by the Minister of State with responsibility for children and youth affairs earlier this year, will provide uniform standards of child protection for the approximately 400 intercountry adoptions completed each year. When enacted, it will provide the legislative framework to permit Ireland to ratify the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

Under the proposed new regime, prospective adoptive parents will only be able to adopt from countries that have ratified the Hague Convention or that have a bilateral agreement with Ireland, based on Hague principles. The Office of the Minister for Children has been liaising with the Department of Foreign Affairs in order to identify countries, including the Russian Federation, which could potentially enter into such bilateral agreements.

Officials from both Departments have been in contact with officials from the Russian Federation. This has included contacts through the Irish Embassy in Moscow and legal and other preparatory work with the aim of preparing a draft intercountry adoption agreement. A first meeting was held this month with the assistance of the Department of Foreign Affairs and involved officials of the Office of the Minister for Children and the Russian Embassy. Every effort will be made to conclude a bilateral agreement in advance of any of the proposed changes in Irish law taking effect, although progress will be dependent on the co-operation of the Russian authorities.

With regard to current arrangements, the Department has been informed by the Minister for Children and Youth Affairs that the Russian authorities are insisting on the submission of all outstanding post-placement reports required in respect of Russian children adopted by foreign parents. New adoptions to a number of countries, including Ireland, have been delayed pending receipt of the outstanding reports. I understand that the majority of the outstanding reports have already been completed. However, a small number of cases are outstanding and I understand that the HSE's adoption services are endeavouring to follow up with the adoptive parents concerned in an effort to ensure that the required reports are forwarded to the Russian Embassy. Co-operation in this regard will also be required from the adoptive parents.

Michael D Higgins (Galway West, Labour)
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I thank the Minister of State for the main body of his reply. It dealt with the future arrangements, about which there is no difficulty. Legislation that will implement the Hague Convention or arrangements that will reflect the principles thereof will be very valuable. However, an issue arises with regard to the transition to the new system and also to the cases that are outstanding under the current system. I understand that the HSE has brought the reports to it from parents for 2009 have been brought up to date. However, I also understand that a number of cases from 2008 remain outstanding.

I wish to make a point in order to be of assistance in respect not only of the Russian issue but also with regard to the Ethiopian and Vietnamese issues. As the enabling agent in the context of the signing of international agreements, etc., the Department of Foreign Affairs enjoys a particular and extremely valuable status within these receiving countries. In that context, when a new agreement is being brought into existence, there is almost a duty of protection towards the existing arrangements. The Minister of State may agree with me that if one begins at the other end and considers the passage from the existing arrangements towards the new ones, one will end up in a position where those involved in existing cases will be placed in difficulty.

I will leave aside the question of Vietnam, on which the Minister of State with responsibility for children is working. However, in the case of the Russian Federation, the fact is that the reputation and enabling powers of the Department of Foreign Affairs are compromised by the fact that there is a time-lag with regard to the HSE's performance in respect of 2008. There is no point in apportioning blame in the context of what adoptive parents and the State must do. The issue is whether the Department of Foreign Affairs can impress upon the Russian authorities the fact that the relevant obstacle has been removed.

Dick Roche (Wicklow, Fianna Fail)
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I thank Deputy Higgins for the manner in which he dealt with my reply to the question. A number of reports from 2008 are outstanding and the Department of Foreign Affairs is encouraging those involved to ensure that the work relating to these be completed.

The Russian Federation has its own rules and within its borders there are regional authorities which may have their own rules and these may be slightly different again. The HSE has been asked to co-operate by bringing forward the reports that are outstanding. The Deputy is correct that there is no point in attempting to apportion blame. I accept that he is not intent on doing so. There are a number of difficulties in a small number of cases where parents who have been through the process have difficulty in assisting the HSE. I hope that will come to an end. The HSE and the existing parents who have had the joy of a child should make every effort. Like all Deputies, I have received hundreds of e-mails and requests and, like every other parent, I can only begin to imagine the pain of people on the list. Everything is being done to complete the reports and finalise this.

John Deasy (Waterford, Fine Gael)
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The Minister of State did not have a chance to finish his response. I had not planned to contribute but I will give an example from Waterford. A man with three children came into my clinic. One of his children has Down's syndrome. He had initiated the process of adopting a child in Russia, who also has Down's syndrome. How long do we expect this process to take? The child in Russia is now four years of age and the issue is early intervention. The longer this goes on, the less chance the intervention he is planning will be successful. It is important that this is expedited and that the Government makes this a priority.

Dick Roche (Wicklow, Fianna Fail)
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This is important and if any case is held up by administrative or bureaucratic processes, every effort must be made to overcome them. The Russians want post-adoption reports, and rightly so, and every effort is being made to include that. When the legislation, which is before the Seanad, is enacted we will have a much better basis on which to act. As Deputy Higgins said, it will provide ongoing protection to all children adopted across national borders.

Michael D Higgins (Galway West, Labour)
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It would help if the Minister of State said the Department of Foreign Affairs would examine those caught in the transition and make efforts to get the HSE to clear this up so that there is not an unnecessary delay in the cases being processed.

The Department of Foreign Affairs is the protector of the quality of the relationship with the other side in international agreements. We must be careful that the interlocking of two administrative systems does not give a delay that creates the problem for people caught in the transition. The efforts of the Department of Foreign Affairs in untangling this quickly would be valuable.

Dick Roche (Wicklow, Fianna Fail)
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I agree with the Deputy and the points are well made. The Department has been working closely with the Office of the Minister for Children and has been encouraging the HSE to do all it can to resolve the outstanding issues. I do not say this in the sense of apportioning blame but there are a small number of cases where there are difficulties in concluding those reports. One must respect that the Russian authorities, having made their children available for adoption, would wish to have these reports concluded. Every effort is being made.