Catherine Noone (Fine Gael)
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I welcome the Minister.

Paschal Mooney (Fianna Fail)
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This is my first time to welcome the Minister to the House in his new capacity. We both know that elements of this Adjournment motion were discussed at a committee meeting last week, but that is purely coincidental. I was not even aware of the committee's wide-ranging discussion until I read about it the following day. I was prompted to table this motion by one or two instances of parents attempting to adopt children but being caught in the limbo that has seemingly existed since the ratification of the Hague convention. It has been suggested that the convention, which was supposed to clear the way for adoptions, is actually a major obstacle.
National newspapers have published articles on this issue in recent months, one of which I will quote from in a moment to support the case calling for statements or observations from the Department concerning all that has been happening - or, more accurately, not been happening - since the convention's ratification in 2010. The heading of an article in The Irish Timesreads: "Changes to adoption law have shattered my hopes of becoming a parent." The lady in question referred to the life-changing days in her life, for example, 1 November 2010, when "the Republic finally enacted the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption". She stated: "There is very little domestic adoption here now." She continued:

Before November 2010, government agreements meant the principal countries from which Irish people could adopt children were Russia, Ethiopia and Vietnam - known, in bureaucratic jargon, as the Republic's "sending countries". Russia and Ethiopia do not comply with the convention, so they are no longer options for anyone with a declaration issued after November 2010, a "post-Hague declaration". Those countries are also now closed to people who adopted from them with pre-Hague declarations and had hoped to return to adopt another child. Lobby groups have been established for both Russia and Ethiopia, seeking bilateral agreements with the Republic, but so far they have had no success.
Bulgaria complies with the convention, and a number of Irish people have sent their applications there, but since 2010 just one Bulgarian child has been adopted from Ireland by parents with a post-Hague declaration. Nobody could call that an encouraging statistic....
There have been other intercountry adoptions here since the enactment of the Hague convention. They continued until last year for people whose declarations were issued before November 2010, as the declarations were valid for three years. There were 446 such adoptions between 2011 and 2013.
But there has been a stark change since the convention was ratified. Only 11 children have been adopted by people with post-Hague declarations: two in 2011, six in 2012, three in 2013. There have been no post-Hague adoptions so far this year. It is hard not to conclude that intercountry adoption has all but stopped here.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I am pleased to have the opportunity to address the Seanad on this issue and I thank Senator Mooney for raising it. In the course of the few moments available to me, I will inform the Seanad of how the landscape has changed in respect of inter-country adoptions and provide a better picture of what inter-country adoption might look like in the future.

The decrease in the number of inter-country adoptions worldwide in the past decade has been substantial. The total number of children adopted into the top 12 receiving states in 2004 was greater than 43,000. By 2011, however, this number had decreased by almost 50%. One of the major catalysts for the changed landscape of inter-country adoption has been the worldwide implementation and adherence to the principles of the Hague convention on adoption, which has been central to the development of inter-country adoption worldwide and to ensuring that the core values of inter-country adoption are those that protect children. When we recall some of the practices of the past in our own country, for example, informal adoptions, we can appreciate the need for strong legislation and an international child-centred approach to adoption. It allows for a transparency in the inter-country adoption process that, in the long run, protects all involved, most especially the child.

Economic and social change in those countries that have traditionally been sending countries for inter-country adoption has also had an impact. Children are being adopted domestically, not only because the convention's principles demand it, but because the economic circumstances of developing Third World economies enable domestic adoptions. This has led to a change in the age and needs of children in need of adoption. If the core Hague principles, such as informed and considered parental consent and subsidiarity in the adoption processes, are adhered to, the age and needs profile of children who become available for adoption will continue to change.

The issue of the adoption of children with additional needs, medical or age-related, or with needs related to the transition from long-term foster care is being given consideration in Ireland.

The assessment of the needs of these children must be comprehensive and transparent if their needs are to be served effectively by the inter-country adoption process and met by the receiving country. The needs of the older child may also present challenges. To address such challenges, prospective adopters need guidance, advice and assistance before, during and after the adoption. However, there is still a continued need for inter-country adoption. While the principle of subsidiarity is vital, there are children throughout the world who would benefit from inter-country adoption. The benefits are not just for the child and family concerned but also for the fabric of Irish society. These children have a valuable contribution to make and it is imperative that the Hague Convention, in its operation, works to assist them in that process as much as it works to protect them.

My predecessor asked Dr. Shannon, in his capacity as chairman of the Adoption Authority of Ireland, to review the implementation and operation of the Adoption Act 2010, which allows for implementation of the Hague Convention in Ireland. I hope this review and my own consideration of the Act will allow us to address ways in which Irish legislation can fully adhere to the convention and the ways in which the Act can facilitate Hague Convention adoptions, while at the same time ensuring children in need of adoption can be placed in Ireland.

As I said, the total number of adoptions into the top 12 receiving states fell by almost 50 % between 2004 and 2011. The passing of the Adoption Act 2010 and Ireland's ratification of the Hague Convention have had similar implications for the number of inter-country adoptions in Ireland. While we are part of a worldwide trend, we need to keep our procedures and process constantly under review in order to ensure we achieve the best outcomes possible for the children concerned. I listened to what the Senator had to say and note, in particular, his remarks about countries such as Russia, Ethiopia, Vietnam and Bulgaria. I have already met some of the groups involved and will remain in close contact with them. I am sure the Senator will agree that adherence to best legal principles internationally and nationally is paramount in this regard. I have taken on board his comments on the Adoption Authority of Ireland and will communicate with him at an early date about my intentions in that regard.

Paschal Mooney (Fianna Fail)
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I emphasise that I am not suggesting what the Adoption Authority of Ireland is doing is in any way incorrect, rather I am saying there appears to be a perception, including in the media, that parents are afraid to raise concerns about their relationship with the authority and their referral by it to third parties, which process is costing them a great deal of money. They are afraid that if they raise concerns, this will somehow inhibit their possible chances of adopting a child. That is the reason I raise the issue. There must be some questions raised about why it should cost so much money. My understanding is the money must be paid up-front. It seems that this is a financial burden too far.

I am pleased that the Minister has made reference to the countries I mentioned because they are the ones in which Irish parents were previously successful in adopting pre the Hague Convention 2010. Does he have a timeline for completion of the review and his consideration of its findings and the Act? Obviously, time is ticking for the parents who have been in the system for so many years.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I accept that the Senator in his capacity as a public representative and a Member of this House for many years is entitled to ask questions. and that I have a duty to provide answers. It is my intention to meet the Adoption Authority of Ireland during the next few weeks. I will specifically address with it the issue of a timeframe for completion of the review.

On the accredited agencies which the Senator has described as third parties, under international obligations, we must establish such agencies to assist in and facilitate the process. The Senator's remarks on costs relate to one of these agencies. There are costs involved and I accept the Senator's remarks on the scheduling of fees. In the circumstances it is important that costs be kept to a minimum and that there be full transparency in the process. I am sure the Senator will accept that there are costs involved.

I will arrange an early meeting with the Adoption Authority of Ireland. I am conscious of the remarks made by the Senator which I will bring to the attention of the chairman of the authority. I hope to have an opportunity to report back to the House on the issues raised by the Senator in the not too distant future.