Paudge Connolly (Cavan-Monaghan, Independent)
Link to this: Individually | In context

Question 165: To ask the Minister for Health and Children her views on the transfer of considerable sums of money from Irish prospective adoptive parents, as part of the Irish Vietnamese adoption process, directly to the personal bank account of a facilitator (details supplied); her further views on whether the stipulation that funds be lodged by Irish prospective adoption parents directly to the facilitator's bank account is irregular; her views on whether it is irregular that further funding be delivered to this person in US$50 and US$100 notes; her further views on whether this practice is acceptable, particularly in view of the facilitator's US criminal record; and if she will make a statement on the matter. [24551/06]

Paudge Connolly (Cavan-Monaghan, Independent)
Link to this: Individually | In context

Question 178: To ask the Minister for Health and Children her views on the Irish adoption agreement with Vietnam under which the Irish Adoption Board through the Irish Adoption Mediation Agency (details supplied) uses the services of a facilitator; her further views on whether such a person is suitable for the adoption facilitation procedure; and if she will make a statement on the matter. [24557/06]

David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Question 792: To ask the Minister for Health and Children, further to Parliamentary Question No. 158 of 27 June 2006, if the matters regarding investigations into the administration of the adoption processes between Ireland and Vietnam have been resolved; if so, the outcome of the investigations; if not, when the matter will be resolved; and if she will make a statement on the matter. [29967/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 165, 178 and 792 together.

Adoptions from Vietnam are carried out under the terms of a bi-lateral adoption agreement between Ireland and Vietnam which both Governments ratified in early 2004.

Almost 150 adoptions have been effected under this agreement and the Adoption Board has received written notification from the Ministry of Justice in Vietnam confirming (i) the legality of adoptions that have been effected under the Irish–Vietnamese Bi-Lateral Adoption Agreement, and (ii) that these adoptions were processed in accordance with Vietnamese legal requirements.

The agreement requires that all adoptions from Vietnam be organised by an Irish agency (known as a Mediation Agency) registered by the Irish Adoption Board to operate in Vietnam under licence from the Vietnamese government. The establishment of such a Mediation Agency is also a requirement of the Hague Convention on Intercountry Adoption.

In May 2005, pending the establishment of such a Mediation Agency, the Vietnamese Authorities proposed that a single facilitator fulfil this role for a twelve month period. This arrangement was to enable adoptions to begin in the face of the humanitarian crisis in Vietnamese orphanages following the closure of Vietnam for Intercountry adoption in 2002 – UNICEF estimate that there are 2.1 million orphans in Vietnam. The Vietnamese Authorities emphasised the importance of Irish applicants working solely with the facilitator.

The Adoption Board has now registered an Irish Mediation Agency as the permanent arrangement to facilitate adoptions in conformity with the bi-lateral Adoption Agreement thus replacing the temporary facilitator. Helping Hands Adoption Mediation Agency is now operational following receipt of its Vietnamese licence to operate on behalf of prospective Irish adopters on 26th April 2006 and has opened offices in Vietnam. The Vietnamese authorities have recently confirmed in writing that the Helping Hands Mediation Agency is now fully operational and meeting all of its obligations.

With regard to the person referred to by the Deputy in the details supplied to the PQ the police check initially carried out by Interpol, Washington, in 2004, prior to the appointment of Ms Soland, and based on her name and birth, did not show Ms Soland listed in the files of Interpol and confirmed that "the subject is not criminally recorded in the files of the Maryland and Virginia police authorities".

The later check carried out in June, 2006 by Interpol, Washington, and based on the anonymous allegations received by the Board does confirm that Ms Soland was arrested and charged in 1995 with Conspiracy to defraud the United States and Obstruction of Justice/Witness Intimidation. The correction action is set down as Status – Supervised Release under the United States Probation Agency, Virginia.

Ms Soland was requested to abstain from any involvement in facilitating adoptions as soon as the anonymous allegations were received. She, thereafter, officially resigned from her position on 28th June 2006 and agreed to transfer the remaining Vietnamese adoption dossiers and all fees paid over in respect of those adoption applications to the Helping Hands Adoption Mediation Agency in Vietnam. The transfer process is now well in hand. It should also be noted that she had no responsibility or role in the legal processes relating to adoptions from Vietnam under the Agreement and at no time during her period as facilitator was any evidence produced that she did other than comply with the adoption laws of Vietnam.

The payment of fees in relation to adoptions effected in accordance with the bi-lateral agreement, and the mechanisms by which they are paid, is a matter for the sovereign Government of Vietnam. The fees, and their breakdown, are clearly set out in full for prospective adoptive parents so that they are fully aware of all the facts before making an application to the Vietnamese authorities. All fees are now processed through Helping Hands Adoption Mediation Agency.

The humanitarian element, which constitutes over 75% of the fee, has enabled a school for children to be opened and funds a range of humanitarian projects, which are carried out under a legal contract agreed between the Mediation Agency and the local provincial governments.