Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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2. To ask the Minister for Children and Youth Affairs the measures she is taking to advance the prospects of potential adoptive parents seeking to adopt from abroad; and if she will make a statement on the matter. [14274/14]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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My question seeks to establish what progress has been made towards the conclusion of bilateral agreements on inter-country adoptions with non-Hague countries, and seeks an update on the current situation with post-Hague declarations through the Adoption Authority of Ireland.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I would like to put the Deputy's question in the context of changes in inter-country adoptions. Recent years have seen a significant fall-off in the number of inter-country adoptions taking place internationally. The total number of children adopted into the top 12 receiving states in 2004 was 43,142. In 2011, this figure had dropped to 21,911, which is a drop of 50%. The United States, which receives by far the largest number of adoptions, has seen a reduction of almost 60% over this period.

These trends reflect the significant decline in recent years in the number of children, particularly infants, available for adoption, as child protection safeguards have improved in developing countries which previously placed large numbers of children for adoption. In many cases, these reforms in countries of origin have been given expression and impetus by their ratification of the Hague convention. The convention requires members to strengthen protections for children, birth parents and prospective adoptive parents in the adoption process and to prioritise the improvement of systems for the care and adoption of children.

The rate of inter-country adoptions into Ireland has been comparatively very high. In 2008, when adjusted for population size, it was higher than for all other European countries and others such as the United States, Canada and Australia. Therefore, in 2008 Ireland was still experiencing a higher rate of inter-country adoption at a time when a sharp downward trend had commenced globally. However, reforms in a number of countries of origin from where most Irish adoptions took place meant that adoptions from these countries had peaked. Vietnam, from which 182 adoptions into Ireland took place in 2007, closed to foreign adoptions in May 2009. There were 160 adoptions in 2007 from Russia, but this had already fallen to 117 in 2008.

With the passing of the Adoption Act 2010, Ireland ratified the Hague convention, and this had important implications for the number of adoptions in Ireland. Very significant efforts have been under way on the part of the Adoption Authority of Ireland - with strong support from myself and the Department - to promote co-operation. I visited Vietnam and Washington DC in relation to adoption matters. In both cases, we successfully concluded administrative agreements.

We have been working on bilateral agreements with Russia. We have made a proposal to the Russian authorities. We have done everything to encourage and support the development of a bilateral agreement that will work. We are awaiting a response in April from the Russian authorities.

Additional information not given on the floor of the House

In the case of Vietnam, it was the first such agreement concluded with any country. The Adoption Authority is currently engaging with a number of Hague convention countries in relation to inter-country adoptions, including the central authority for India, which I visited last year, China, Thailand and the Philippines. Haiti is due to enter into the Hague convention next month and a delegation from the Adoption Authority is due to visit there next week.

It is important to recognise that although a country may be a member of the Hague group, legal and administrative obstacles may remain. There may be no children available for adoption or restrictions may be imposed on the categories of children or prospective adoptive parents qualifying. I am also aware that Ethiopia is currently seeking to bring its adoption standards up to those required under the Hague convention and I have asked the Adoption Authority to keep me updated on the position.

Russia has not ratified the Hague convention. However, my Department is continuing its discussion with the Russian authorities with a view to exploring the possibilities of establishing a bilateral agreement. I visited Russia last year to further these relations and my Department and the Adoption Authority subsequently hosted a visit from the Russian authorities.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The international statistics are welcome in so far as this is about children in the first instance, and giving young children a new chance of a home for their care and happiness through life. However, it is important to recognise that there has been a very poor level of success in progressing post-Hague inter-country adoptions for families here. Rosita Boland wrote a very fine article earlier this month in The Irish Times and I understand from it that there have only been 11 adoptions since the Hague enactment on 1 November 2010. That is a very low number. It is fair to say that there were 457 adoptions over the same period-----

Michael Kitt (Galway East, Fianna Fail)
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Does the Deputy have a question?

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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-----but only 11 of them were in that particular area; 446 adoptions were to pre-Hague declaration holders. I am very anxious to know progress on the bilateral arrangements, particularly in respect of Russia. I know officials from Russia were here in October. I engaged directly at the time with the Russian Embassy out of my interest in this particular area. There is much frustration out there, because it is not just about people hoping and wishing to share their parental capacity with a young child.

Michael Kitt (Galway East, Fianna Fail)
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Thank you, Deputy.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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It is that there are still many young children in situations that deserve serious address and that adoption is indeed the best means to-----

Michael Kitt (Galway East, Fianna Fail)
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Thank you. I am calling the Minister.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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This is impossible. With all due respect, the Chamber is so full, they are all crowding in here this morning to eat up the time. You are in a big hurry, a Leas-Cheann Comhairle.

Michael Kitt (Galway East, Fianna Fail)
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I am thinking of everyone's rights on all sides.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I know. I am thinking of the rights of young children who need to be adopted.

Michael Kitt (Galway East, Fianna Fail)
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I know that. I can make an exception.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The legislation passed in 2010 referred to adoptions with non-Hague countries, but the whole purpose of the change is to have adoptions with Hague countries. In fact, just this year the vast majority of adoptions are taking place from Hague countries, which is the right way. We want to have adoptions with countries which have signed up to the standards of the Hague convention. Having said that, the history in Ireland was of adopting from Russia, Ethiopia and Vietnam in particular. Vietnam has signed the Hague convention. In respect of Russia, completing a bilateral agreement with that country involves finding compatibility between our Constitution and the demands of that country, such as for post-placement visits, which is contrary to our Constitution. Once a child is adopted in Ireland, that is a very final legal situation for the new family.

Michael Kitt (Galway East, Fianna Fail)
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Thank you.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Let me just say that there have been many discussions. A proposal has been put to the Russian authorities and we are awaiting their reply. This is the latest in a series of proposals to them. A huge amount of work has been done. We are working on a bilateral agreement with Russia but we await the outcome. There are quite complex legal considerations, but we have put the effort in. The Department of Foreign Affairs and Trade has been involved. The ambassador in Russia has been involved, as has the Russian embassy here.

Michael Kitt (Galway East, Fianna Fail)
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I must call on the Deputy for a final question.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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We await a final outcome from the Russian side, hopefully in April.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The Minister is hoping to hear in April, which is next month.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Yes.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I wish to refer to another aspect of all this. I have great respect for Mr. Geoffrey Shannon and others who give service at the Adoption Authority of Ireland. However, I understand that the position of chief executive officer has been vacant since last September. The post is currently being advertised, so can the Minister provide us with an update on filling that position? Does the Minister have any concerns that the vacancy might impair the authority's ability to carry out its task? A criticism was exposed in the Boland article concerning Arc Adoption, one of the approved facilitators. According to the article, they have written on nine separate occasions to the Adoption Authority of Ireland vis-à-vis the US opening up opportunities for inter-country adoptions with Ireland. No reply has been forthcoming, but have replies been issued since the beginning of this month? Can the Minister assure the House and the people concerned that everything necessary is being done and that the most effective practices are in place?

Michael Kitt (Galway East, Fianna Fail)
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I call the Minister for a final reply on this.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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It is critical that effective practices, as the Deputy calls them, are in place. Clearly I would have preferred if there was continuity concerning the post of CEO. I have emphasised to the Adoption Authority on quite a number of occasions the importance of effective, high quality communication with people who contact them. They are a quasi-judicial body, so they are sometimes limited in terms of the responses they can give. Having said that, however, people in contact with the Adoption Authority are clearly in a stressful situation. They want to get as much information as is available and can be legally provided to them. I have emphasised to the Adoption Authority on more than one occasion how important that is and I believe they appreciate that. People who are dealing with the authority are obviously in high stress situations themselves while waiting for news. They are trying to obtain legal clarity and have decisions dealt with. On more than one occasion, I have raised the issues the Deputy mentioned here.