Written answers
Tuesday, 31 March 2009
Department of Health and Children
Inter-Country Adoptions
9:00 pm
Brian O'Shea (Waterford, Labour)
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Question 72: To ask the Minister for Health and Children if she will ensure that a new inter-country adoption arrangement will be concluded between Ireland and the Socialist Republic of Vietnam in order that there will be no gap between the expiry of the present arrangement and the introduction of the new one; and if she will make a statement on the matter. [12818/09]
Barry Andrews (Dún Laoghaire, Fianna Fail)
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The Adoption Bill, 2009, which will give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption, was published on 23 January, 2009. Under the new legislation, prospective adoptive parents will be able to adopt from countries that have also ratified the Hague Convention, and from countries with which Ireland has a bilateral agreement that meets Hague standards.
While it is true to say that our current Agreement with Vietnam is based on Hague principles, as part of the preparations for our new legislation, we need to ensure that our Agreement reflects the Hague Convention as comprehensively as possible. A new Agreement allows the opportunity to elaborate and strengthen some existing provisions to meet the standards that will, it is anticipated, be set in draft legislation. There have been considerable developments in inter-country adoption in Vietnam since the Agreement was signed 5 years ago. This progress also needs to be reflected in any new Agreement.
In December, 2008, the Irish Government issued a formal request to the Vietnamese Authorities stating that we wish to enter into discussions immediately for the purpose of negotiating a new Agreement to follow on from the existing Agreement — which will expire on 1 May, 2009. The Vietnamese Authorities have responded positively to Ireland's request. Ireland offered to provide the Vietnamese Authorities with the text of a Draft Agreement as a basis for negotiations. I am pleased to inform the Deputy that a Draft Bilateral Agreement for Inter-country Adoption was delivered on 6 March, 2009, through the Department of Foreign Affairs, to the Vietnamese Authorities for their consideration.
I would like to again reiterate my personal commitment, and the commitment of the Government, to conclude an agreement with Vietnam and, in this regard, a letter accompanying the Draft Agreement advised the Vietnamese Government of our willingness to travel to discuss the draft at the earliest opportunity. As the Deputy will be aware, it is important to recognise that Ireland has a long and positive relationship with the Socialist Republic of Vietnam and, also, to emphasise the need to respect the authority of that jurisdiction, having regard to the sensitive nature of discussions regarding inter-country adoption.
The work to prepare for and advise the Government on this issue, and the implementation of the Government's decisions, is being given the highest priority. These are complex matters that require careful consideration. At all times, the Minister and the Government, and officials advising them, are guided by the need to respect and protect the best interests and rights of the child.
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