Billy Timmins (Wicklow, Fine Gael)
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Question 185: To ask the Minister for Health and Children the position in relation to agreements (details supplied); if same will be dealt with; and if she will make a statement on the matter. [18465/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 210: To ask the Minister for Health and Children the reason, with regard to inter-country adoption with Vietnam, the Minister of State with responsibility for children has not travelled to Vietnam to demonstrate the commitment at the highest level to the renewal of the bilateral agreement with Vietnam; the reason the Adoption Board has not extended compassion to parents facing a second declaration renewal, and allowed them to roll over the declaration as per the first extension; her views on this expedited second renewal processor or an initial declaration being made for two years as opposed to one year as at present; the action she suggests to parents who have papers in Vietnam but who cannot proceed; and if she will make a statement on the matter. [18621/09]

Michael D Higgins (Galway West, Labour)
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Question 217: To ask the Minister for Health and Children her views on the Minister of State with responsibility for children travelling to the Socialist Republic of Vietnam to progress discussions, demonstrate commitment and reach agreement on bilateral inter-country adoption; and the reason he has not done so. [18640/09]

Michael D Higgins (Galway West, Labour)
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Question 218: To ask the Minister for Health and Children her views, in view of the lapse in securing a continued bilateral inter-country adoption agreement with the Socialist Republic of Vietnam on the Adoption Board allowing parents facing a second declaration renewal to roll over the declaration in an expedited way; and her further views on making the initial declaration valid for two years as opposed to one. [18641/09]

Michael D Higgins (Galway West, Labour)
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Question 219: To ask the Minister for Health and Children if she has advice for parents who have been caught by the lapse in securing the continuation of the inter-country adoption agreement with the Socialist Republic of Vietnam yet are still seeking to adopt; if these applications are valid; and if she will make a statement on the matter. [18642/09]

Willie Penrose (Longford-Westmeath, Labour)
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Question 252: To ask the Minister for Health and Children how, following the expiration of the current bilateral international adoption agreement between Ireland and the Socialist Republic of Vietnam, negotiations on a new agreement are progressing; when such new agreement will be in place; if arrangements have been put in place for an interim agreement; and if she will make a statement on the matter. [19111/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 185, 210, 217 to 219, inclusive, and 252 together.

Work in relation to a draft Bi-lateral Agreement for Inter-country Adoption with the Socialist Republic of Vietnam has been ongoing for over fourteen months. During this period there have been three visits by officials from this Department to Hanoi – including the most recent visit – to discuss the draft text of an agreement and many options, including possible transitional arrangements, have also been considered during this period.

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. On 2 April, 2009, the Vietnamese Government invited a delegation from Ireland to visit the Socialist Republic of Vietnam to discuss the provisions of the draft Bi-Lateral Agreement provided. An Irish delegation travelled to Hanoi on the week commencing on 20 April, 2009 – 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 was led by the Office of the Minister for Children and Youth Affairs (OMCYA) and was assisted in discussions by the Adoption Board. Discussions were facilitated and guided locally by the Irish Embassy in Hanoi. The meetings were progressive but a number of residual issues remain outstanding – and discussions on these issues are ongoing.

I would like to again reiterate my personal commitment, and the commitment of the Government, to continue with these discussions with a view to bringing them to a conclusion at the earliest possible date. It is anticipated that further proposals to advance the discussions will be made to the Socialist Republic of Vietnam in the coming week. It is also anticipated that the Vietnamese side will revert with proposals on their part shortly. I do not wish to speculate on the timeframe or outcome of these negotiations as these are genuinely difficult to determine. What I can say is that efforts on the Irish side are intensive and will continue to be so in the coming weeks. I can also say that there has been a high level of engagement on both sides. It is clear from progress so far that there is a willingness on both sides to bring these matters to a successful conclusion, if at all possible. The need for a further visit will be guided by the developments in the coming days and weeks. I am committed to travelling to the Socialist Republic of Vietnam at any time to facilitate the successful conclusion of these discussions, as and when appropriate.

In accordance with Section 5 of the Adoption Act, 1991, an initial Declaration of Eligibility and Suitability is only valid for 12 months. The Adoption Board has no discretion in this matter. The Board, however, may grant an extension to a Declaration if it is satisfied that it is reasonable and proper to do so. In order for the Board to decide whether it is reasonable and proper to do so, the Board requires applicants to make a Statutory Declaration that there has been no material changes in their circumstances.

Should the applicants apply for a subsequent extension, the Board feels that it is reasonable and proper to request the HSE to carry out an update on the original assessment as it is now over two years since the applicants were first assessed and changes may have taken place in their family make-up or in their employment status. This procedure applies to all countries equally. However, the Deputy will be pleased to know that provisions contained in the Adoption Bill, 2009, allow for a Declaration of Eligibility and Suitability to be valid for 24 months, with the possibility of a further 12-month extension, subject to Adoption Board discretion.

The decision regarding the country of choice from which to adopt 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, and the status of the country as a contracting State either to the Hague Convention or to 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.

Ireland has a long and positive relationship with the Socialist Republic of 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.