Mary White (Fianna Fail)

I welcome the Minister of State and compliment him and the Department on the fine Bill which will bring together all the adoption legislation into one concise Act. I also compliment him on his first-class speech, which is a pleasure to read, as it is most informative.

I agree with what Senator Fitzgerald said to the effect that three of the Members in the House this afternoon are members of the Oireachtas Joint Committee on Health and Children, namely, Senators Fitzgerald, Prendergast and myself. It would be a first-class idea, I agree, to invite the different parties to attend that committee to hear the concerns raised as regards this Bill. The first legislation dealing with adoption in Ireland was the Adoption Act 1952. This Act has been amended six times, most recently in 1998. In recent years the number of Irish children being adopted has fallen, and so a trend has emerged of prospective parents looking abroad to adopt. The pleasure denied to couples of having their own child is hard to describe and cannot be fully appreciated unless a person has been through this for himself or herself. Therefore the possibility of adoption for couples who do not have children must be a wonderful prospect. I agree with Senator Fitzgerald, as well, however, that the length of time it takes seems to be excessive.

I am not saying, by any means, that there should be merely cursory examination of the potential parents, but the length of the waiting time tends to put people off. It can take three or four years or whatever. It is vital, I know, that the safety of the child is paramount, but given that, there must be some way the process may be expedited. It is a very stressful and difficult time for prospective parents and I am sure there are areas which could be addressed to make the process easier.

During the Christmas recess I visited a friend who is working in an orphanage in Haiti. It was very heart-warming to see the level of care the children in the orphanage were getting. They are dumped on the street by their parents, who do not want to know them, particularly if they have any indications of a mental or physical handicap.

There are people in Ireland who would really like to adopt children from countries such as Haiti. I should like to see interested groups attending the health and children committee to hear the contributions from the different parties. That is a very good idea, as suggested by Senator Fitzgerald. Moving on, this Bill will give the force of law to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993. The objectives of the Hague Convention are to establish safeguards to ensure inter-country adoptions take place in the best interests of the child, with respect for his or her fundamental rights as recognised under international law. A further objective of the Hague Convention is to establish a system of co-operation among contracting states to ensure those safeguards are respected, thereby preventing the abduction, sale of or traffic in children. Another objective is to secure the recognition in contracting states of adoptions made in accordance with the convention.

The Adoption Bill 2009 gives legal effect to the Hague Convention in Irish law. Ratification of the Hague Convention puts in place the equivalent of a contract between states to regulate the standards that will apply in each jurisdiction. The Bill provides for the making and recognition of inter-country adoptions in accordance with bilateral agreements in those countries which have not yet ratified the Hague Convention. Priority is being given to those countries which Irish applicants have traditionally adopted from, such as Russia. Another important feature of the Bill is the right of the father of the child to give notice to the adoption authority of his wish to be consulted in relation to the placement of him or her for adoption, or for an application of an adoption order to be made in respect of the child.

The Bill outlines the preplacement consultation procedure required. Where the adoption authority has been unable to consult with the child's father, it may authorise that he or she be placed for adoption, but it must seek High Court approval before proceeding with the adoption. This a welcome recognition of a father's rights in the adoption process. Part 4 provides that the welfare of the child is the first and paramount consideration in the adoption process. It reaffirms the important change introduced in the Adoption Act 1988, whereby any child, irrespective of the marital status of his or her parents, may be eligible for adoption, where the court finds they have failed in their duty to the child for a physical or moral reason or have effectively abandoned him or her. These are exceptional cases, rare in practice, however.

Furthermore, the Bill gives children over the age of seven the right to voice their opinion, and due consideration must be given to his or her wishes having regard to age. Another notable inclusion is the provision for a register of foreign adoptions, to be known as a register of inter-country adoptions. The Bill dissolves An Bord Uchtála and establishes the adoption authority. As the Minister of State has said, it will comprise seven members with backgrounds in law, medicine and psychology. Finally, Part 15 provides for offences and penalties including the prohibition of certain advertisements about adoption, and the receiving, making and giving of payments and rewards in consideration of the adoption of a child.

It is important to note that it is an offence to make false or misleading statements to the adoption authority or an accredited body. As spokesperson for children, I am disappointed the Bill does not make provision for post-adoption services. Studies of inter-country adoption outcomes in Ireland by the children's research centre show families feel strongly about the need for effective, accessible and timely services for them and their children. It is invaluable to the well-being of children and families that they receive support when they need it. I call on the Minister of State to examine this area and take urgent action to address the gap in care. I hear anecdotal evidence to suggest difficulties in adopting children and the perception exists that the children can encounter challenges as they go through life.

I commend the Minister of State and his officials on bringing the Bill before the House. Please God, it will enhance the life of children who are not wanted or whose birth parents are unable to care for them and bring happiness to their adoptive families.