Seanad debates

Wednesday, 4 March 2009

Adoption Bill 2009: Committee Stage

 

12:00 pm

Photo of Alex WhiteAlex White (Labour)

I am sure the Minister of State will contact the IAA because he is aware of its interest in and the amount of work it has carried out in respect of this matter.

The Minister of State indicated that there has been a lengthy period of consultation in respect of the legislation. There is no doubt that this is the case. It would appear that such consultation was extremely meaningful, particularly in light of the level of detail contained in the Bill and the Minister of State's knowledge of the issues and familiarity with the various arguments put forward, which I welcome.

There is some concern that, following the lengthy period of consultation, things will happen quickly in respect of the legislation. Organisations whose representatives met or lobbied the Minister of State in respect of making certain inclusions in the legislation, only obtained sight of the Bill some four or five weeks ago. It was initially proposed — I do not believe the Minister of State was involved in any way in this regard — that Committee and Report Stage debates on the legislation would be taken on the same day. That did not occur, which was good, because the Leader changed the proposal. There is a need for breathing space, not only for outside organisations but also for Members, in order that various matters might be considered before the conclusion of Committee Stage and prior to the taking of Report Stage. Concerns have been expressed that matters are proceeding extremely quickly in respect of the legislation. Perhaps the Minister of State will allow some measure of latitude to organisations, particularly those which are non-expert from a legal point of view, in order that they might have their say.

The specific proposals contained in amendment No. 2 essentially suggest that there should be a third category of possibility. The first category relates to inter-country adoptions involving countries that are signatories to the Hague Convention, and the second to countries with which Ireland has bilateral agreements. If the amendment were to be accepted, the third category — I accept that the Minister of State is balking at this and I understand his reasons for doing so — would involve inter-country adoptions being allowed if the authority considers that an adoption "could be effected from a third country" in a manner compatible with the legislation. The amendments puts forward a high level of control in respect of such adoptions.

I take the Minister of State's point with regard to diluting the application of the Hague Convention and the position with regard to bilateral agreements. I must admit that I am swayed by the argument he offers in this regard. If one is intent on putting certain structures at the heart of one's regime, one must think twice in respect of allowing inter-country adoptions which do not fall within those structures. Nevertheless, the amendment would give rise to a high level of control because the new authority established under section 94 would be obliged to come to the conclusion that a proposed adoption could be effected from a particular third country in a manner compatible with the legislation. High standards would have to be applied and, in that context, the new authority would be obliged to apply those under the Hague Convention with which we are familiar and those we are seeking in respect of bilateral agreements. The amendment would provide flexibility in respect of allowing the third category of adoptions to which I refer to take place.

I will not press the amendment. However, I ask the Minister of State to have regard to the point I have made before Report Stage. We might revisit the matter at that point. If, perhaps for a technical reason which I cannot currently contemplate, a bilateral agreement could not be affected, the amendment would provide that in the essentially exceptional circumstances I have outlined, an inter-country adoption could take place from a state not covered by the Hague Convention or a bilateral agreement. In such circumstances, the new authority could deem that such an adoption could take place once it was completed in a manner compatible with the legislation.

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