Tom Hayes (Tipperary South, Fine Gael)
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Question 17: To ask the Minister for Health and Children if the grandfather clause has been eliminated from the legislation ratifying the Hague Convention; if she will re-consider eliminating it; if bilateral agreements are in the process of being drawn up as soon as possible to deal with couples wanting to adopt from countries not ratifying the convention; and if she will make a statement on the matter. [35202/08]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The purpose of ratifying the Hague Convention is to protect children in the process of adoption. It is the intention that the proposed adoption legislation will ensure all intercountry adoptions meet standards of the Convention either through ratification of the Convention or through bilateral agreements which meet the standards of the Hague Convention.

After giving the matter detailed consideration during the drafting process, I have decided not to include a 'grandfather clause' in the Adoption Bill, 2008. I am concerned that such a provision would result in a considerable dilution of the intent of the legislation in the short and medium term. My priority is to conclude bilateral agreements in those non-Hague countries which Ireland has a tradition of adopting from, where this is possible. My officials are working with the Department of Foreign Affairs on this basis.

Where bilateral agreements have not been completed prior to commencement every effort will be made to manage cases that may arise acting in the best interests of the children involved. Information on progress on the proposed Bill and the changes contained within it will be made available to applicants over the period prior to commencement to minimise the number of cases and to ensure the best possible management of such cases where they arise. My officials, and officials from the Adoption Board are working to ensure an orderly transition to the new arrangements as well as working proactively to minimise the impact on families who hope to adopt from countries which have not yet ratified the Convention. I would like to assure the Deputy of my attention to this issue.