Ciarán Lynch (Cork South Central, Labour)
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Question 244: To ask the Minister for Health and Children if the forthcoming Adoption Bill will provide for the continuance of the bilateral agreement with Vietnam and the introduction of bilateral agreements with Russia and Ethiopia; if there will be provision for an inter-country adoption agency; the measures that will be adopted to reduce the delay in the assessment of applications by adoptive parents; and if she will make a statement on the matter. [15839/09]

Finian McGrath (Dublin North Central, Independent)
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Question 344: To ask the Minister for Health and Children if she will support a matter (details supplied). [15851/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 244 and 344 together.

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. A core principle of the Hague Convention is that inter-country adoption should be child-centred – that is, in all stages of the process, the child's interests must be paramount. Legislating for inter-country adoption is essential to give protection to children during the process of adoption. The Hague Convention has put in place the equivalent of a contract between States to regulate the standards that will apply in each jurisdiction. It is an additional safeguard for a receiving country like Ireland regarding the standards that are being applied in the sending country, over which we have no jurisdiction. As a receiving country, it is especially important to have some confidence in the process of consent to the adoption, the status of the child as adoptable and a guarantee of no improper financial gain from the process.

I firmly believe that legislation and, specifically, the regime of the Hague Convention provide an assurance for individual children, their families, and the State, that appropriate procedures have been followed and that the adoption was affected in the best interests of the child. As such, it is our intention that inter-country adoptions will now meet the standards of the Hague Convention.

Under the proposed new legislative regime, prospective adoptive parents will be able to adopt from countries that have ratified the Hague Convention, and from those countries with which Ireland has a bilateral agreement based on Hague standards. As part of the preparations for the likely passage and entry into force of these new legislative arrangements, my Office has been liaising with the Department of Foreign Affairs to identify and negotiate with countries that 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 bi-lateral agreements with a small number of countries, including Ethiopia and the Russian Federation.

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. While every effort will be made to conclude a bi-lateral 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, at this point in time, it is my priority to endeavour to ensure that an international bi-lateral agreement with Vietnam is put in place as soon as possible, to maintain the continuity of arrangements between Ireland and Vietnam in relation to inter-country adoption. In this regard, I am pleased to inform the House that an Irish delegation is currently in Hanoi – the earliest opportunity provided to meet with the relevant Vietnamese Ministries – for an intensive round of discussions on this draft Bi-lateral Agreement. The delegation is being led by the Office of the Minister for Children and Youth Affairs, who will be assisted in discussions by the Adoption Board. 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.

As the Deputy is aware, requests for assessment for inter-country adoption are continuously increasing. The Study on Inter-country Adoption, undertaken by the Children's Research Centre in Trinity College, revealed that Ireland has one of the highest rates for inter-country adoption in Europe. It is against this background that the Office of the Minister for Children and Youth Affairs is continuing to work to create the appropriate legislative, policy and administrative frameworks that will ensure a well regulated regime of adoption.

A family that wishes to adopt should be recognised beforehand as being able to promote, safeguard and support the development and well-being of a child in need of adoption in a lasting manner. However, it is acknowledged that persons applying for inter-country adoption are experiencing delays as regards waiting times for assessment, and that there are also concerns regarding the standardisation of the service across the country.

It should be noted that the increasing numbers of children adopted from abroad create additional pressures on inter-country adoption teams within the HSE. This is because these same teams provide post-adoption reports to the sending countries, at the request of those countries, with the agreement of the adoptive parents. This is an important component in the willingness of countries to consider Irish applicants for adoption. It is also important to note that subsequent to undergoing an assessment with the HSE, and to receiving the Declaration of Eligibility and Suitability from the Adoption Board, applicants must then wait before receiving a referral for a child from the sending country. The waiting times for referral are outside the jurisdiction of both the HSE and the Adoption Board and are dependant on the regulations that each individual country has with regard to inter-country adoption. I would like to assure you that attention is being given to this issue by the Office of the Minister for Children and Youth Affairs, and reiterate the importance of a rigorous and effective assessment system that is provided on a timely, fair and transparent basis.