Máire Hoctor (Tipperary North, Fianna Fail)

I thank Senator Ross for raising this issue and extend my apologies on behalf of the Minister of State at the Department of Health and Children, Deputy Brendan Smith, on his unavoidable absence.

This matter relates to putting intercountry adoption in context and I aim to address the issues Senator Ross has raised. Intercountry adoption has become an increasing phenomenon in recent years. The International Social Service has estimated that between 30,000 and 40,000 children are adopted annually around the world. These children generally come from developing countries, or those in transition, and are received by families living in industrialised countries, particularly those in Europe and North America.

This trend is reflected in Ireland, as requests for intercountry adoption assessments are continuously increasing. The study on intercountry adoption, undertaken by the Children's Research Centre in Trinity College, revealed that Ireland has one of the highest rates for intercountry adoption in Europe. It is against this background that the Minister of State's office is continuing to work to create the appropriate legislative, policy and administrative frameworks, which will ensure a well regulated regime of adoption. The aim is to support and protect prospective parents and, even more importantly, the children for whom adoption services are devised and provided.

The first priority is the ratification of the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption, 1993. A core principle of the Hague convention, which will be ratified by Ireland in a Bill to be published shortly, is that intercountry adoption should be child-centred, that is, in all stages of the process the child's interests must be paramount. Legislating for intercountry adoption is essential to give protections to children in the process of adoption. The Hague convention has put in place the equivalent of a contract between states to regulate the standards that will apply in each jurisdiction. It is an additional safeguard for a receiving country like Ireland in terms of the standards that are being applied in the sending country, over which we have no jurisdiction. As a receiving country it is especially important to have some confidence in the process of consent to the adoption, the status of the child as adoptable and a guarantee of no improper financial gain from the process.

Legislation, specifically the regime of the Hague convention, is at least some assurance for individual children, their families, and the State, that appropriate procedures have been followed and that an adoption was affected in the best interests of the child. The convention is based on the premise that intercountry adoption should only be considered when a suitable family cannot be found for the child in his or her country of origin. Accordingly, a series of options, such as the child being cared for by relatives or in a family within his or her own country, are considered. The convention does not oblige a sending country to engage in a particular amount of adoptions; rather sending countries are advised to only engage in as much intercountry adoption as they can reasonably control. The Department fully supports this approach.

It is worth noting that despite the situation in individual countries, on a global scale there appears to be fewer children available for intercountry adoption. Many developing countries are no longer able to release enough children to respond to the adoption requests of receiving countries. The demand for children to adopt is greater than the supply and this situation can create pressure on sending countries, which can carry the risk of the interests of the child not being paramount. Department officials and the Adoption Board, in conjunction with the Department of Foreign Affairs, are working on an ongoing basis to identify and negotiate with countries that continue to seek homes abroad for children in need of alternative care that cannot be provided domestically.

As regards the assessment process, a family that wishes to adopt should be recognised beforehand as able to promote, safeguard and support the development and well being of a child in need of adoption in a lasting manner. The Minister of State is conscious that persons applying for intercountry adoption are experiencing delays in the assessment process and he appreciates the frustration this causes to those who are anxious to adopt and who are more than willing to participate fully in the necessary assessment procedures.

The HSE has been assessing the provision of services in the context of moving from the health board system to a single executive. It has acknowledged that there is a divergence in the provision of services and is committed to addressing those differences. In a number of areas the HSE has improved waiting times by contracting assessments out to non-statutory agencies that are registered with the Adoption Board and which have the appropriate expertise.

It should also be noted that increasing numbers of adopted children from abroad create additional pressures on intercountry adoption teams within the HSE. This is because these teams provide post-adoption reports to the sending countries, at the request of those countries, with the agreement of the adoptive parents. This is an important component in the willingness of countries to consider Irish applicants for adoption.

At the request of the office of the Minister of State at the Department of Health and Children, Deputy Brendan Smith, the HSE is undertaking a review of the intercountry adoption service. This review is examining staffing, business processes, resources and there will be proposals to improve this service based on the outcome of the review.

It is the Minister of State's view that the issue of waiting lists for adoption is far from simple, and he urges caution in discussing discrete aspects of intercountry adoption in isolation. The Minister of State and each of his predecessors have introduced a range of measures to improve waiting times for intercountry adoption, which continue to be overtaken by the escalating demand.

Adoption, particularly intercountry adoption, is different to having biological children. It is different emotionally, socially and practically because of the international component and because of the legal processes and bureaucracy involved. Although the assessment process can be lengthy, it is very important for prospective parents and children. The Minister of State and his officials are continuing to work closely with the HSE and the Adoption Board on the streamlining of services and the development and implementation of best practice on a consistent basis around the country with a view to achieving improvements in the service.

I want to assure the Senator of the Minister of State's attention to this issue and reiterate the importance of a rigorous and effective assessment system that is provided on a timely, fair and transparent basis.