Dáil debates

Wednesday, 8 July 2015

10:40 am

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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9. To ask the Minister for Children and Youth Affairs if he will provide an update on the current status of negotiations between Russia and Ireland on a bilateral treaty on adoptions. [27335/15]

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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As the Russian Irish Adoption Group enters its sixth year of lobbying on a bilateral agreement between Ireland and Russia regarding adoption, will the Minister provide an update to the House on the current status of the negotiations between him and his Russian counterpart?

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I thank the Deputy for raising this issue. The Adoption Act 2010 provides for intercountry adoptions from countries that have ratified the Hague Convention on adoption and from countries with which Ireland has a bilateral agreement. Currently, adoptions are taking place with countries that have ratified the convention, having agreed to adhere to the standards of the convention. The Russian Federation has not ratified the convention and therefore a bilateral agreement involving both governments is necessary. This make the process of agreeing an intercountry adoption system much more difficult and time-consuming. Efforts have been ongoing on a bilateral agreement on intercountry adoption between Ireland and the Russian Federation for a number of years. There has been a number of meetings with officials from the Department of Children and Youth Affairs and a delegation from the Ministry of Education and Science of the Russian Federation regarding a draft bilateral agreement on intercountry adoption between Ireland and the Russian Federation. The Office of the Attorney General has also provided advice to the Department on the draft agreement.

I know there are difficulties for parents. The Russian authorities have sought assurances about post-adoption reporting that raise legal difficulties for Ireland. In this context, the Irish Constitution protects the integrity of family life and, once adopted in Ireland, the child is treated as if he or she is the natural child of the adoptive parents. People in this House would agree with that process. This means there is limited scope for the State to intervene in a family when a child’s welfare and protection is not compromised. In these instances, the State has no legislative power to enforce compliance with legal or other commitments to provide post-placement reports given by Irish families to the Russian authorities. This and a number of additional issues require further clarification, which must be addressed so as to ensure that further discussions on other aspects of the bilateral agreement are beneficial. Efforts are ongoing in my Department in progressing this work and I will do everything possible to advance this matter. However, the difficulties raised by the issues outstanding should not be underestimated. I will keep continued contact with the Russian Irish Adoption Group to keep the group informed of developments.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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We can all agree that the interests of the children must be paramount; that goes without saying. It remains the case that thousands of children remain in Russia in questionable care who could greatly benefit from a second chance in life. There are certainly hundreds of parents in Ireland who are willing to give a child a second chance in life with a loving home. Everything must be done to make this a reality. There is a concern that this is not a priority of the Minister or his Department.

The Russian Irish Adoption Group has held extensive consultations with the Irish Embassy in Russia and the Russian Embassy here but every time, there seems to be a different excuse. A previous excuse was a concern relating to the equality referendum, despite the fact that marriage equality is in place in France and there is a bilateral agreement between France and Russia. We have been told today that post-adoption reporting is being requested. When was that request made? When was the last time the Minister engaged with his Russian counterpart? The Minister stated that he will continue consultation with the Russian Irish Adoption Group but will he give a commitment on that today? A representative of the group was recently on the "This Week" programme on RTE indicating that the Minister had failed to meet the group. Will the Minister give a commitment to the House that he will meet the group and the Adoption Authority of Ireland to iron out what outstanding issues need to be resolved in order to progress this? Will the Minister confirm this is a priority?

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I did not hear the radio interview to which the Deputy alludes but it is inaccurate to say I have not met representatives of the Russian Irish Adoption Group. I have done so.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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Not recently.

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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We can define "recently". The bottom line, as the Deputy knows, is the issue with Russia has been ongoing since at least 2008 and, subsequent to the Adoption Act 2010, these discussions have been predicated on Ireland's legislative requirement for a bilateral agreement, as I stated earlier, on intercountry adoption with non-Hague Convention countries. However, recent indications are that the Russian authorities are seeking bilateral agreements with all countries where adoptions take place from Russia. Those authorities have just ratified one with Spain. Our constitutional elements relating to the family and the Russian requirement for post-adoption reporting are immutable issues that do not seem to be resolvable.

There is no reluctance on our part in this process and I will do everything in my power to move this forward. I want what is best for children and to facilitate what is best for them, no matter what nation they come from. I am particularly aware of families that already have a Russian adopted child and would love to have a sibling of the same nationality. I fully support such a concept and wish but I am bound by law and the Attorney General's advice. I can only negotiate so far with the Russians.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I am pleased to hear the Minister confirm that this is a priority of his Department and something he will work hard on to ensure it is advanced. When did the Minister last meet representatives of the Russian Irish Adoption Group? If he has no problem with further consultation, will he confirm that he will meet the group, along with the Adoption Authority of Ireland, to hammer out the outstanding issues? Is it possible to resolve those issues? If that is not possible, the group just wants to know the truth. They have been in limbo, which has caused unnecessary anxiety for the past number of years. The Minister should be truthful for the group. Will he confirm today whether the process can be advanced? Will he meet the group and the Adoption Authority of Ireland and tell them how this stands?

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I cannot give the Deputy a categorical statement on the likelihood of resolution as this would prejudge what the Russian delegation has to say. It is a negotiation. We have explained our difficulty under the Constitution and they have a certain requirement. The nature of negotiation means that other issues may be identified that could help get around the requirement or some other means could be found. That is not the current state of play. I have no problem confirming that we will continue to try this and negotiate with the Russian people. As long as they remain in this rock-hard place and it goes against another rock-hard issue - our Constitution - there can be no movement. That is as honest as I can be.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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Will the Minister meet the group?

Written Answers follow Adjournment.