Seán Haughey (Dublin North Central, Fianna Fail)

I thank Senator Healy Eames for raising this matter. I am responding on behalf of the Minister of State with responsibility for children and youth affairs, Deputy Barry Andrews, who is currently speaking in the Dáil Chamber in the debate on human trafficking on Private Members' business.

The Government's objective in regard to adoption is to provide a regime in which the child will be at the centre of the adoption process, whether intercountry or domestic, and that adoptions will be effected in a manner that is legal, safe and secure. A key component in achieving this objective is the development of an appropriate legislative regime that recognises the changed and changing global situation with regard to adoption in the past 20 years.

The Adoption Bill 2009, published on 23 January, provides an assurance for children, their families and the State that appropriate procedures have been followed and that the adoption was effected in the best interests of the child. A core principle of both the Adoption Bill and the Hague Convention is that the child's interests must be paramount. The Hague Convention which is given the force of law in the Bill effectively puts in place an agreement between states to regulate the standards that will apply in each jurisdiction. It is to put in place safeguards that acceptable standards are being applied in other countries over which we have no jurisdiction. I am encouraged at the progress that has been made in the past year, including the publication of the Bill and its passage through the Seanad. It is being debated today in the Dáil and I remain hopeful Ireland will finally ratify the Hague Convention early in 2010.

The Bill is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation is designed to provide a framework to ensure appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. This applies in the case of adoptions from Russia and other countries that have not yet ratified the Hague Convention and seem unlikely to do so in the immediate future. Future intercountry adoption arrangements will be governed by the terms of the Bill when enacted. Chapter 3 of the Bill sets out extensive provisions regarding non-contracting states and mirrors precisely the standards required for Hague Convention countries.

There is no prohibition on adoptions from non-Hague Convention countries. However, such adoptions must be carried out in the context of a bilateral agreement in line with the current policy position, as set out in the Bill. For an adoption to be registered under the Bill, it must be effected in a country with which Ireland has a bilateral agreement or have been effected prior to the commencement of the new law. This applies to ensure a single standard applies and that applicants can have some degree of confidence in the systems in place in the sending country. It provides a protection for children, their parents and adoptive parents.

Neither the Adoption Board nor the HSE has a statutory function in the provision of post-placement reports, although they have facilitated and continue to facilitate the preparation of same. The key commitment given concerns the legal affidavit, required of all applicants, to co-operate in the provision of such reports. Recent discussions have focused on the completion and submission to the Russian authorities of a number of outstanding post-placement reports from adoptive parents of children adopted from Russia. This issue is being followed up by the Adoption Board and the HSE with the parents involved. I understand the greater number of the outstanding reports have been completed and are with the adoptive parents for translation, apostilling and notarisation. In other words, the social workers have conducted the home visit and the report. In a small number of cases parents have neglected to or have been unwilling or unable to arrange for a home visit with the social worker. Further contact has been made to arrange for all outstanding visits to be undertaken and this is being prioritised by the HSE adoption services to ensure parents can have the required reports forwarded to the Russian Embassy in Dublin.

In the past few months the Minister has met regularly both individual prospective adoptive parents and representative groups. The Government is deeply aware of the angst, frustration and emotion that prospective adoptive parents continue to experience at this time. The Minister has communicated updates on these matters at every opportunity and is committed to continuing with this process.