David Norris (Independent)

I support Senator Bacik, especially her final remarks. It would be cruel to inhibit the adoption of a sibling because adopted children, particularly if they are of a particular age group, can often be bereft and in need of support even though they may be placed in a positive family. Concern has been expressed to me about Vietnamese adoptions and, in fact, people have even indicated their concern that the Department is not serious about meeting the requirements within the timeframe. After the debate on Second Stage I had further communications with people who said they did not take the Minister of State's assurances seriously. I would like to provide him with this opportunity to strengthen his response in this area.

In a general profile, this section examines inter-country adoptions and three different scenarios are created. First, there is the domestic adoption of Irish-resident children, which is not the subject of this amendment. Second, there are inter-country adoptions effected outside the State and, third, inter-country adoptions requiring subsequent domestic adoptions. That reflects the current situation but the approach to certain provisions applicable to domestic adoptions could undermine the completion of inter-country adoptions effected abroad. For example, without prejudice to the provisions that concern the rights of fathers and the religion of parents, the treatment of these could have the effect of rendering inter-country adoptions which require subsequent domestic adoption incapable of being completed. This amendment addresses the point about the third country in a manner compatible with the Bill.

As it stands, the legislation contains impediments, for example, the ability of assessed and qualified applicants to provide loving and secure homes to children in need from other countries. There is ambiguity over the ability of Irish adoptive parents to complete such legal proceedings on their return which could result in foreign authorities declining Irish applications despite the laws in such countries being fully complied with. This would be contrary also to the essence of the Hague Convention whereby contracting states are obliged to accept adoptions completed under the laws of other contracting states.

We have a situation therefore where there are millions of children in institutions throughout the world, a comparatively small number of which — about 30,000 — are internationally adopted. Ireland has about 400 of these, yet we have this continuing inhibition contained in the legislation which is worth highlighting. That is covered by the phrase in amendment No. 2 which states that "the adoption can be effected from a third country in a manner compatible with this Act". These issues arise from that matter. As the Bill stands, we have a situation whereby there can be at least the initiation and partial completion of an adoption with these third countries but that is dependent upon a subsequent finding of the High Court in Ireland.