Seanad debates

Tuesday, 19 May 2009

Adoption Bill 2009: Report Stage (Resumed) and Final Stage

 

12:00 pm

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)

I have answered the questions asked. The distinction is that at the time we were considering this in the autumn, those issues were raised by another jurisdiction. We were satisfied that we had safeguards in place, which I also underlined and to which I referred in the article that caused such upset. We have safeguards in place. I also mentioned that we seek relations with countries with which we have bilateral relations because adoptions would carry on anyway even if we did not have bilateral agreements. That is the least attractive option as far as I am concerned. There is a value in having a bilateral agreement in any case.

I meant no offence to the House and I stated time and again that the process of having Committee Stage and Report Stage in the House has been very productive. It has enhanced my knowledge of this area and the experience of the people who spoke in their professional capacity has been of great assistance to me.

In respect of travel, I indicated that I will go at the earliest opportunity when I believe it will be useful to the process. I underlined this point to the associations I met last Friday. This remains the position and I am ready to go whenever I believe it will be useful to the process. The underlying point is that the Government remains very anxious to have a bilateral agreement with the Vietnamese Government.

I refer to the amendment under discussion and the background to the concerns raised. We have safe and secure adoptions and once an adoption order is made, it is considered safe and secure. The amendment suggests the High Court would have a review mechanism that would automatically kick in. It shall review the status of the adoption under the law of this State where it has been annulled in another country. There is already a right in the Act under section 49(3) for the adoption authority to refer any matter of law to the High Court. The authority shall refer to the High Court for determination any question in respect of public policy arising with respect to entries in the register of inter-country adoption. Section 19 states that the first and primary consideration shall be the best interests of children. These matters are dealt with in the legislation.

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