Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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To ask the Minister for Children and Youth Affairs when she intends publishing the Adoption (Amendment) Bill to give legislative effect to the changes promised in the Children's Rights Constitutional Amendment passed by referendum last November; and if she will make a statement on the matter. [7445/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The general scheme and heads of the proposed Adoption (Amendment) Bill were published in September 2012 in conjunction with the referendum proposal to inform the public of proposed changes to adoption law envisaged if the constitutional amendment was approved.

The Joint Committee on the Constitutional Amendment on Children was established in 2007 to examine the proposals to introduce a constitutional amendment on children and to make recommendations, as appropriate.

The final report of that committee recommended, with regard to adoption, that legislation should be introduced to provide for the adoption of any child, whether from a marital or non-marital family, where the parents of that child have failed in their responsibility to that child for such a period of time as may be prescribed by law, and where adoption is considered to be in the best interests of the child. The report also recommended that provision be made by law for voluntary placement for adoption and the adoption of any child.

The adoption (amendment) Bill 2013 proposes to make important changes to adoption law to provide the option of adoption for a child who has been placed in long-term foster care. The provisions of the proposed Bill will amend the Adoption Act 2010 to provide for the non-voluntary adoption of a child where his or her parents have failed in their duty towards that child. The draft Bill will change the criteria, applicable under section 54 of the 2010 Act, under which the High Court may authorise the making of an adoption order without parental consent in the case of a child who is in the care of prospective adopters and where that child’s parents have failed in their parental duty to the child. The proposed legislation is not intended to provide that a child who has contact with and a strong beneficial relationship with his or her birth parents and wider family may be adopted, unless that child's parents have voluntarily placed the child for adoption and have consented to the adoption order being made in respect of the child.

It is my intention to bring the adoption (amendment) Bill before the Houses of the Oireachtas as soon as possible following the conclusion of all proceedings and processes relevant to the referendum. In addition to the provisions included in the draft Bill, my Department is separately examining further possible changes to the Adoption Act 2010.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is over three months since the electorate passed the children's referendum, on 10 November last. I would have hoped that by now we would have seen the publication of the necessary amending legislation to give effect to the wishes of the people in the new Article 42A.2.2°, which requires the State to put laws in place allowing for the adoption of any child, regardless of whether the parents are married to each other, where the conditions are clear and specified that the parents have failed in their duty towards the child for a period of time and where the best interests of the child require that adoption take place. That period of time is as yet unspecified. It is to be specified in law, so will the Minister clarify what is being considered in that respect? Article 42A.3 requires that laws must be passed to allow for any child to be adopted by being voluntarily placed for adoption by the parent or parents. These are important changes which the electorate supported and passed by a substantial majority last November. It is critical that this legislation is equally prioritised and fast-tracked, like the legislation I discussed earlier relating to the child and family support agency. Will the Minister give a more precise indication of how long she expects the continued preparatory work to take? That might be helpful.

The Minister indicated that consideration is being given to other areas which have not been clear heretofore. In fact, I highlighted to the Minister prior to the referendum some aspects of concern in adoption law that were not being provided for in the proposals put to the electorate in the constitutional amendment. Could she elaborate on what she is referring to and whether there is any linkage with the adoption (tracing and information) Bill which Deputy Joan Collins highlighted? Is there a link between what was proposed or planned in that regard and the current consideration of the proposed adoption (amendment) Bill?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I published this legislation last year. I considered it important that the public be aware, in advance of the referendum, of the changes we would be introducing in respect of adoption. The Deputy asked about the period of time. Under the draft Bill, children will have to be at least 18 months in the care of those who apply to adopt them. Parents will have to have failed in their duty towards the child for three years and have no reasonable prospect of resuming care of the child. I will remain true in the legislation to the provisional legislation I published before the referendum. I made it clear at the time that we would hold faith with the electorate and the legislation that was published, and that is what we will bring to the House. However, we might take the opportunity of the introduction of an adoption Bill to the House to deal with some issues that must be dealt with at present - for example, with regard to declarations. Following the signing of the Hague Convention, inter-country adoption has become much more complex in this country, given the need to have bilateral arrangements with countries that have not signed the convention. This has led to a very difficult situation for couples who wish to adopt, particularly from Russia, Ethiopia and a number of other countries. Ireland is one of the few countries that have such strict adoption legislation. Our legislation provides that there has to be a bilateral agreement with countries that have not signed the Hague Convention. Some other countries did not go down that route, but we did. It means we are left in a situation in which we have had to negotiate some very difficult bilateral agreements if adoptions are to continue, particularly from the countries I mentioned. If there are some issues I can deal with in this legislation, such as the one relating to declaration, I will take that opportunity. The declarations of couples will run out later this year, but because of the signing of the Hague Convention and the subsequent delays, the adoptions that those couples might have envisaged taking place have not taken place. We must address the issue of the timeframe of the declarations and I might take the opportunity of this legislation to do that when the proceedings are complete and it is brought before the House.

There is no connection to the legislation Deputy Joan Collins mentioned. That is separate legislation to provide for the tracing service.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The provisional legislation published prior to the referendum was very straightforward. It was within the confines of what I once again put on the record of the House in my first question. Why we cannot proceed to address that three months later concerns me. Regarding the other matters the Minister is hoping to address in tandem with this legislation, what further delay will that cause in allowing the Houses of the Oireachtas to give effect to the views of the electorate as expressed on 10 November last? I would be disappointed, rather than concerned, if there were any further delay in giving effect to what was a historic decision and one that all opinion in this House fully and fulsomely supported.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy knows my commitment to the issues raised in the referendum and the importance of this adoption legislation. As soon as all the proceedings and processes relevant to the referendum are completed, I will bring the legislation to the House as quickly as possible. Clearly, my Department has a number of significant reforms under way and there is a heavy workload relating to legislation, including the referendum last year, the establishment of the new agency and the legislation we have been discussing. I emphasise that a huge amount of work has been completed on this legislation.