Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I thank the Ceann Comhairle for giving me an opportunity to raise the important issue of international adoption, which affects hundreds of families across the country. I had thought the Minister of State, Deputy Kathleen Lynch, might be with us for this debate because she has had a long interest in this matter. Nonetheless, I am happy that the Minister of State, Deputy Costello, is here to advise us on the Helping Hands adoption agency.

This Government has continued the considerable efforts of its predecessor to ensure Ireland's adoption regime complies fully with the Hague Convention. It is of vital importance that all adoptions entered into nationally and internationally have an unassailable legal basis. My party, and perhaps others as well, has received a number of e-mails about issues relating to the Helping Hands adoption agency. I was particularly struck by an e-mail from a woman who, with her husband, is part of a group of 20 couples that have been involved with the Vietnam adoption process for almost seven years. Their packs were in Vietnam when the adoption process was closed, and they have been advised that they will be among the first couples to be processed now that it has reopened. These couples will be travelling to Vietnam along with the approved and licensed mediation agency in this instance, which is the Helping Hands agency. This adoption agency has been working with Irish couples on Vietnamese adoptions for many years. It has a good knowledge of the process and a good relationship with the Vietnamese authorities. The director of the agency, Ms Sharon O'Driscoll, recently returned from Vietnam having travelled there to participate in the interview process required to secure her licence. All went well and she hopes to receive her licence in March.

Helping Hands was financed by the HSE until 2011, but it has not received any funding since then. The HSE had advised that it would reinstate the funding when Helping Hands was reaccredited. This happened last October but we have yet to see white smoke from the HSE. Helping Hands may have to close because its creditors and the Revenue Commissioners are demanding overdue payments.

Without the HSE funding, however, Helping Hands cannot pay its bills. The recent visit to Vietnam was paid for out of lottery funding and this was arranged by the office of the Minister for Children and Youth Affairs. In fairness to the Minister, Deputy Fitzgerald, I understand she has always supported the Helping Hands case and has worked in the past to move this issue forward.

Last year, a new agreement on adoption was announced between Ireland and Vietnam, and Helping Hands attended the announcement in Farmleigh. This received considerable media and television coverage in both Ireland and Vietnam. It will reflect badly in both Ireland and in Vietnam if, having gone through the process of audit, Helping Hands does not receive from the Irish Government the funding it requires in order to operate as an intermediary. This funding should be State-supplied, as per the Hague conditions. If this is privately funded, one gets into the area of business or adoption for profit, which is contrary to international adoption aims.

The situation for Helping Hands and the 100-plus couples who are registered with it is critical and will come to a head in the very near future. To offer a direct quote from the couple who contacted us: "We are so close to completing our long journey and do not want this delay to jeopardise the conclusion of our adoption". I understand the Minister for Children and Youth Affairs may be working towards a resolution of this and I hope the Minister of State, Deputy Costello, is in a position to indicate to us that real and achievable progress is imminent.

Joe Costello (Dublin Central, Labour)
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I thank Deputy Ó Fearghaíl for raising this important issue. I apologise for the fact the Minister, Deputy Frances Fitzgerald, cannot be present. I have a tenuous relationship with the adoption process in Vietnam in that I met the authorities from Vietnam when they were here last year. I visited Vietnam subsequently on a trade mission and met them again in another capacity and discussed the adoption process, so I know they are extraordinarily happy that it has been put on a proper structured basis.

In September 2012 the Adoption Authority of Ireland, AAI, and the Vietnamese Central Authority for Adoption signed an administrative arrangement on intercountry adoption. This is a significant milestone as it is the first international administrative arrangement for intercountry adoption entered into by the AAI and the Socialist Republic of Vietnam since both countries ratified the Hague Convention. The AAI has accredited two agencies to perform activities in regard to facilitating adoptions from Vietnam. One of these organisations, the Helping Hands Adoption Mediation Agency, is now in the process of applying for licensing by the Vietnamese authorities as an accredited body for the purposes of intercountry adoption in Vietnam.

The appointment of accredited agencies to facilitate intercountry adoption is in line with the requirements of the Hague Convention. However, there is no stipulation in the Hague Convention that such bodies should be state-funded. The Guide to Good Practice No. 1 for the Hague Convention states:

It is reasonable to expect that payments will be necessary for both government and non-government services connected with intercountry adoptions. Both receiving States and States of origin are permitted to charge reasonable fees for services provided.

Guide No. 2 elaborates on the type of costs that prospective adopters can be charged and on the need for co-operation between states in order to develop this transparency and monitor it on an ongoing basis. It also states: "The prospective adoptive parents should, to the extent possible, pay for all expenses involved in the adoption, through the accredited body".

Historically, intercountry adoption has involved a substantial level of expenditure for prospective adoptive parents, mostly emanating in the sending country. The increased level of scrutiny of the adoption process and the professionalism demanded at all stages of the intercountry adoption process, as required by the Hague Convention, has understandably led to increased costs. The Adoption Act 2010 envisages a model that incorporates the use of accredited agencies in both the sending and receiving country. The AAI has to date accredited three agencies for the purposes of intercountry adoption and these agencies intend operating in a range of countries. The AAI has advised the Minister, Deputy Fitzgerald, that it is not its intention, in the short term, to accredit any more agencies for this purpose.

With this in mind, the AAI and the HSE, in co-operation with accredited agencies, are examining the costs related to intercountry adoption in Ireland. Initial indications are that fees outlined by accredited agencies are in line with international norms. The Minister will ensure that actions taken by all agencies involved in this process, both governmental and non-governmental, are monitored so as to ensure transparency and cost-effectiveness. This will serve to protect prospective adoptive parents and all involved in intercountry adoption but, most importantly, to ensure the safety and welfare of children at the centre of the intercountry adoption process.

Helping Hands has previously received a total of €400,000 in lottery funding from the Department of Health and Children - some €100,000 in 2008 and €300,000 in 2007. In addition, Helping Hands has received funding from the HSE since 2009 in the order of €782,000 - some €297,000 in 2009, €280,000 in 2010 and €205,170 in 2011. The Minister, Deputy Fitzgerald, has asked the HSE to make every effort to secure the position of Helping Hands in regard to the immediate issue of its activities in Vietnam. She has been informed by the HSE that it will meet Helping Hands later in the week with a view to resolving the issue.

The Department of Children and Youth Affairs is currently reviewing policy in regard to the funding of accredited agencies in conjunction with the AAI and the HSE. While accredited bodies are required to be not-for-profit organisations, it is open to them to charge reasonable amounts for services provided to applicants. A number of issues in regard to accredited agencies are being examined by the Department in consultation with the AAI and the HSE. However, no decision in regard to future funding of accredited agencies has been made.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I welcome the fact the HSE proposes to meet Helping Hands next week. However, I must say the Minister of State's response alarms me. The last thing we need to see happening in this country is that intercountry adoption becomes the sole preserve of those who are very well-off. Anyone who engages in an intercountry adoption, by virtue of the number of trips to the country of origin of the child and the degree of preparation that must go into this, incurs very significant cost in any case.

It is appropriate in all circumstances that there is a recognised and authorised mediation service and it is reasonable to expect that couples make some contribution towards that cost. However, it is absolutely unreasonable to expect that the entirety of the cost of the process, coupled with the cost of funding the mediation agencies that have been authorised by the State here and by the countries of origin of the children, would be picked up by the adoptive parents. I call on the Minister of State to bring this matter to the attention of the Minister for Children and Youth Affairs, who has had a long and genuine interest in this area. If we go down the road of forcing parents to cover the entirety of the substantial costs involved, intercountry adoption will inevitably become the preserve of the very wealthy. I do not believe that would be the objective of anyone in this House.

Joe Costello (Dublin Central, Labour)
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I thank the Deputy. It is certainly not the intention of the Minister to have any discrimination in regard to the type of person or family that is engaged in adoption. Indeed, the idea that only wealthy families would be able to do this because of the danger of funding not coming forward was part of the reason the Hague Convention came into place. The convention sought to ensure adoption was not just for wealthy people and attempted to address possible irregularities in regard to wealthy people coming to countries and using their wealth for what might not be the proper purpose. It is an attempt to have absolutely transparent and clear structures in place.

The Minister has asked the HSE and the Adoption Authority of Ireland to look at the issue of funding. Let us not forget the funding was in place in 2011 but it then ceased because the whole process ceased until the negotiations were complete. We are now in a new process. Three agencies have been accredited and the HSE has been asked, with the AAI, to look at the funding going forward, which is being done at present.

I understand that the HSE is prepared to meet Helping Hands next week and the discussions and negotiations can take place.