Robert Troy (Longford-Westmeath, Fianna Fail)
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4. To ask the Minister for Children and Youth Affairs her plans to amend adoption legislation; and if she will make a statement on the matter. [38914/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Adoption Act 2010, which entered into force on 1 November 2010, gives force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. The Act was written against the backdrop of the Hague Convention and a commitment to improving standards as outlined in the convention. The Hague principles of subsidiary, support for birth families, free and informed consent for birth parents, and international adoption as a resource for the permanent care of children, are a means for improving standards in inter-country adoption and mitigating against some of the risks.

There are two existing legislative commitments in the adoption area. The adoption (amendment) Bill, which is to be progressed on foot of the children's referendum, proposes to address the adoption of children of marriage. The second piece of adoption legislation which is being prepared is the adoption (tracing and information) Bill. As I have stated previously, complex issues arise. Recently I received the extra piece of legal advice for which I had asked the Attorney General, and it is my intention to bring the heads of the Bill before the Government at the earliest possible date to seek approval to refer the legislation to the Oireachtas Joint Committee on Health and Children for discussion. Yesterday I met individuals and organisations representing people who have been adopted, and I told them that referring the Bill to the committee for a full discussion would be very useful. I expect many of the organisations will give evidence to the committee.

The Adoption Act 2010 has been in operation for three years since it was brought in by the former Minister of State, Barry Andrews. This is not a very long time but it is complex legislation and some issues have arisen. It is timely to consider a review of some of the policy matters that arose in the Act.

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Issues that I believe should be addressed in such a review include step-parent adoption; the rights of birth mothers and also birth fathers; issues relating to the right to an assessment; the age limit of prospective adoptive parents; the tenure of declarations of eligibility and suitability; issues relating to the habitual residence of applicants; the possibility of introducing open adoption; and various operational matters such as the composition of the Adoption Authority of Ireland. I accept that many of these issues raise significant legal and policy questions which would need to be resolved not just within the Adoption Act but also within the broader framework of family law relating to parentage and guardianship. In this regard, I am also actively working with my Government colleagues, including the Minister for Justice and Equality, Deputy Alan Shatter, to actively examine how legislative changes can be made in this broad area.

Since taking office I have made improvements to the operation of the adoption process without the need to amend legislation following consultation with the Adoption Authority of Ireland and the Health Service Executive. In particular, I have streamlined the assessment process for those seeking to transfer from declarations of eligibility and suitability to adopt which are due to expire before 31 October 2013. Furthermore, I have moved to address the issue of the sustainability and funding of accredited bodies. In this matter, interim funding has been provided to specific bodies and I am seeking agreement from these agencies on a pathway to securing a sustainable model for accredited bodies in the future.

Robert Troy (Longford-Westmeath, Fianna Fail)
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Comments made by the Minister during the summer raised concerns. This is a very sensitive policy area and at every stage we must ensure the best interests of the child are front and centre. I understand this was behind the original legislation in 2010 and I have no reason to believe it is not the intention of the Minister. Has the Minister had an opportunity to read an article on her comments in the Irish Examiner by Nigel Cantwell? I ask her for her thoughts on the issue. What concerns does she have with regard to bilateral agreements with countries that have not signed up to the Hague Convention?

The Minister mentioned the adoption (tracing and information) Bill. A person has a basic right to his or her identity and this legislation is long overdue. I would appreciate it if the Minister gave a more definite timeframe with regard to when it will come before the Oireachtas.

With regard to the Adoption Act, a predicament is facing a number of families with regard to Russian adoption and I am sure the Minister is well aware of it. Many families have contacted all Members of the House. The Minister could, today, remove the concern of all of these families by simply amending section 41(1) of the 2010 Adoption Act to enable any couple with referral to proceed to have their adoption finalised. It would solve the problem for four or five families. Has the Minister examined this possibility?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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My understanding is that when the former Minister of State, Barry Andrews, introduced the legislation in 2010 we became the only country in the world to introduce adoption legislation stating that in order to continue adoptions in non-Hague countries a bilateral agreement would be required. This is my concern and it requires investigation. I have read the article to which Deputy Troy referred and I believe it was a misunderstanding. There is no question of not applying Hague standards. Hague standards are the gold standard on adoption. Far too many informal adoptions and private adoptions have taken place and we have seen the problems to which they have led. These, along with illegal registration, cause huge personal trauma. The question of having to negotiate bilateral agreements is extremely complex. We have gone from a less restrictive international adoption regime in Ireland to one that is extremely restrictive. This is the point I made. It is not that I want to depart in any way from Hague standards, but it is interesting that we are the only country that demands the negotiation of bilateral agreements for inter-country adoption to take place. Such agreements are very complex. Many countries that have signed up to the Hague Convention continue to allow adoptions in countries with which they do not have bilateral agreements. This is simply the point. I want to maintain Hague standards and I want to make that very clear.

With regard to the particular cases to which Deputy Troy referred, another question has been tabled on this.

Robert Troy (Longford-Westmeath, Fianna Fail)
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There is a paradox. On the one hand, we are signing up to a treaty designed to protect children's rights and their best interests, but on the other hand we are looking to countries which, for whatever reason, have not agreed to be bound by these rules. Bilateral agreements were initiated to ensure proper procedures were put in place with countries that had, for whatever reasons, not signed up to the Hague Convention. I do not for one minute doubt the Minister's sincerity in this area, but it has raised very serious concerns. She cited the fact that bilateral agreements are complex as a reason for moving away from them. Does the Department or the Adoption Authority of Ireland wish to move away from them?

This seems to be an aspiration of the Minister. Why has she chosen to move from this area? Can she alleviate the fears and concerns that are out there in this regard?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I must point out the paradox in the Deputy's question in that he is asking me to deal with particular cases in regard to a country with which we do not have a bilateral agreement and which is a non-Hague country, namely, Russia. At the same time, the Deputy is questioning why I might want to examine the implications of bilaterals.

First, there is no question of moving away from the Hague standards. Second, the Deputy asked what are the other areas in regard to the 2010 legislation. This is one part on which I commented but many other areas are just as critical, such as dealing with step-parent adoption, which has thrown up many anomalies in this country, the rights of birth mothers and birth fathers, issues relating to the right to an assessment, the age limit of prospective adoption parents, the ten years of declaration of eligibility and suitability, and issues relating to the habitual residence of applicants.

As the Deputy said, adoption is a very complex area and this is the range of issues which have been brought to my attention. I did not say I was going to change the section in regard to bilaterals. I merely raised the point that we are the only country that has this in our legislation and it is extremely restrictive because, for example, I am currently trying to negotiate with Russia and there are constitutional issues which arise in regard to some of the demands the Russians are making of us concerning post-placement reports. I am merely highlighting that these are the countries Irish parents adopted from for so long, and the Deputy is making representations today about a non-Hague country - Russia. I am simply pointing out the difficulties.