Paul Kehoe (Wexford, Fine Gael)
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Question 17: To ask the Minister for Health and Children when an Irish delegation will travel to Vietnam to discuss the proposed agreement with regard to the proposed agreement for inter country adoption between Ireland and Vietnam; and if she will make a statement on the matter. [14886/09]

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 Friday, 23 January, 2009.

Under the new legislation, prospective adoptive parents will be able to adopt from countries that have also ratified the Hague Convention or from countries with which Ireland has a bi-lateral agreement that conforms to Hague Convention principles.

While it is true to say that Ireland's current Agreement with Vietnam is based on Hague Convention principles, as part of our preparations for the new legislation, we need to ensure that the Agreement reflects the Hague Convention as comprehensively as possible. A new Agreement allows the opportunity to elaborate and strengthen some of the existing provisions and, as such, to meet the standards that have been set in draft legislation. There have been considerable developments in inter-country adoption in Vietnam since the Agreement was signed five 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 which stated that it wished to enter into immediate discussions with a view to negotiating a new, follow-up, Agreement to the existing one – which will expire on 1 May, 2009. The Vietnamese Authorities 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. A draft Bi-lateral Agreement for Inter-country Adoption was delivered on 6 March, 2009, through the Department of Foreign Affairs, to the Vietnamese Authorities for their consideration. The Vietnamese Government has since invited a delegation from Ireland to visit Vietnam to discuss the provisions of the draft Bi-Lateral Agreement provided. The delegation will travel to Hanoi in the coming weeks for an intensive round of discussions on this draft Bi-Lateral Agreement.

I would like to again reiterate my personal commitment, and the commitment of the Government, to conclude an agreement with Vietnam.

As the Deputy will be aware, Ireland has a long and positive relationship with Vietnam, but I must also 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.

Michael McGrath (Cork South Central, Fianna Fail)
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Question 18: To ask the Minister for Health and Children the position in relation to an adoption inquiry (details supplied). [14890/09]

Michael McGrath (Cork South Central, Fianna Fail)
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Question 19: To ask the Minister for Health and Children the steps being taken to ensure that a bilateral adoption agreement is put in place between Ireland and Russia prior to the enactment of the Adoption Bill 2009. [14888/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 18 and 19 together.

As the Deputy may know, my office has been liaising closely with the Department of Foreign Affairs to identify and negotiate with countries who continue to seek homes abroad for children in need of alternative care which cannot be provided domestically. We are working actively to assess the possibilities of entering into bilateral agreements with a small number of countries.

My office is currently in discussions on a draft bilateral agreement with Vietnam and is also examining the possibility of negotiating bilateral agreements with the Russian Federation and Ethiopia. As regards the Russian Federation, my office is undertaking preparatory work to consider the contents of such an agreement, including anticipating the likely requirements of the Russian Federation.

I am aware that there are people who have received declarations of eligibility and suitability to adopt outside the State and may intend adopting from Russia. The decision regarding country of choice is a matter for prospective applicants. This choice obviously should have regard to their personal preference, their knowledge of and/or connection with the proposed country of origin, the status of the country as a contracting state either to the Hague Convention or a bilateral agreement.

While every effort will be made to conclude a bilateral agreement with countries from which children have traditionally been adopted by Irish applicants, in advance of any of the proposed changes in Irish law taking effect, it must be acknowledged that these matters will be determined to a considerable degree by the Governments of these sovereign states.

However, I would respectfully suggest that any applicant seeking to proceed with an adoption from a non-Hague country or a country with which Ireland does not have a bilateral agreement should have regard to the likelihood of the adoption being completed in advance of the Bill being commenced.