Michael D Higgins (Galway West, Labour)
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Question 211: To ask the Minister for Health and Children her views on inter-country adoption. [18632/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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My Office is continuing to work to create the appropriate legislative, policy and administrative frameworks which will ensure a well regulated regime of adoption. Our aim is to support and protect prospective parents, and even more importantly, the children for whom adoption services are devised and provided.

My views on intercountry adoption are informed by the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption and the Good Practice Guide associated with it. The child's best interests are the fundamental principle that supports the development of a national child care and protection system as well as an ethical, child-centred approach to intercountry adoption. Intercountry adoption does not occur in a vacuum - it occurs across jurisdictions and spans complex areas of family law, child protection and welfare. It must be legislated for, managed and understood in that context. It requires a shared responsibility and respect between States in order to ensure the best ethical practices to support the child's best interests; and to safeguard against abduction, sale or trafficking of children.

Ireland has a very strong tradition of intercountry adoption and indeed was once a so-called "sending" country. My aim is to support that tradition continuing by assuring prospective adopters, the countries of origin of prospective adoptees, the birth families of the children and, looking into the future, the children themselves, that intercountry adoption was undertaken in the best interests of the child, to the required standard, with adequate safeguards and protections for all concerned.

As the Deputy is likely aware, the Adoption Bill, 2009 is currently before the Seanad. I firmly believe that the Adoption Bill, which includes the regime of the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, provides 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 all intercountry adoption will now meet the standards of the Hague Convention.

Michael D Higgins (Galway West, Labour)
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Question 216: To ask the Minister for Health and Children if the Health Service Executive's post-placement reporting practices are in line with best international practice; if the HSE's practices are in line with the current agreement with the Russian Federation; and if her reports that the reporting practices of an agency (details supplied) are in line with requirements of the Russian Federation. [18639/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The HSE has no statutory function in relation to the provision of post-placement reports, though it has and continues to facilitate the preparation of same. The key commitment given is the legal affidavit to co-operate with the provision of such reports, required by the Russian authorities from all applicants. Where parents do not co-operate there is no legal basis to enforce their co-operation with post-adoption reporting in this jurisdiction. The Adoption Board facilitates the transmission of completed reports to the Russian authorities. However, there is no formal agreement, nor obligation on the Board to do so. Effectively, the responsibility rests with the adoptive parents.

Following a request from the Minister, the Health Service Executive has confirmed that reports continue to be supplied from all regions and that it is following up in respect of reports which may be completed but not yet transmitted. Over 450 such reports were required in respect of 2008 and it is anticipated that around 400 will be required in respect of 2009 (not all due yet). The HSE in all ten areas has conducted an extensive search for these alleged "missing" post-placement reports and, in total, some 34 have been identified as not yet transmitted. This is for reports due in the period 2008 and to date in 2009. The majority of the outstanding reports have been completed and are with the adoptive parents for translation, apostilling and notarisation, that is, the Social Workers have already conducted the home visit and the prepared the requisite report. In a small number of cases, parents have neglected or have been unwilling or unable to arrange for a home visit with their Social Worker. Further contact has been made again to arrange for all outstanding visits to be undertaken and is being prioritised by the HSE Adoption Services to ensure that the parents can have the required reports forwarded to the Russian Embassy.

Following contact with the Russian Embassy in Dublin, further checks are now being undertaken with regard to outstanding reports which may pre-date this period (i.e. 2008 and to date 2009). The Minister has requested the assistance of the HSE and the Adoption Board in bringing this matter resolution and further steps will be taken this week to advance the matter. Liaison with the Russian Embassy in Dublin in relation to the matter will continue.

From the information available to the Minister the HSE completed over 450 reports last year in respect of children adopted from the Russian Federation. There is no suggestion that these reports are not meeting the required standard. The difficulty referred to relates to "missing" reports. In contrast, the PACT undertook around 7 reports last year. Clearly this is primarily an issue of volume and relates to a build up over a number of years of activity.

Tom Hayes (Tipperary South, Fine Gael)
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Question 221: To ask the Minister for Health and Children if an interim agreement has been reached with Russia, Vietnam and China until a bilateral agreement has been agreed with each country in order that long-awaited adoptions are not being further delayed. [18655/09]

Tom Hayes (Tipperary South, Fine Gael)
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Question 222: To ask the Minister for Health and Children the length of time it will take to agree bilateral agreements with Russia, Vietnam and China; the number of children's adoptions which are normally processed from these countries a month; and if she will make a statement on the matter. [18656/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 222 and 223 together.

The Russian Federation, the Socialist Republic of Vietnam and the People's Republic of China are, respectively, the first, third and fourth most popular destinations for Irish persons who seek to adopt children from abroad. According to the most up-to-date foreign adoption statistics available from the Adoption Board, a total of 1,229 Russian, 636 Vietnamese and 359 Chinese children were entered into the Register of Foreign Adoptions between 1991 and 2008. This amounted to, respectively, 30.98%, 16.03% and 9.05% of the total number of foreign children (i.e. 3,966) who were formally adopted by Irish persons during that period.

More specifically, between 2004 and 2008, the following totals were entered into the Register of Foreign Adoptions:

• from the Russian Federation: 189 in 2004, 131 in 2005, 143 in 2006, 160 in 2007 and 117 in 2008;

• from the Socialist Republic of Vietnam: 16 in 2004, 92 in 2005, 68 in 2006, 130 in 2007 and 182 in 2008, and

• from the People's Republic of China: 60 in 2004, 52 in 2005, 33 in 2006, 31 in 2007 and 19 in 2008.

This represents an average, during that five-year period, of 148 adoptions from the Russian federation, of 98 adoptions from the Socialist Republic of Vietnam and of 39 adoptions from the People's Republic of China per annum.

Currently, an administrative arrangement operates between Ireland and the People's Republic of China. The People's Republic of China is a contracting State under the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption and, as such, a bilateral agreement is not, nor will not be, required between Ireland and the People's Republic of China in relation to adoption.

With regard to the Socialist Republic of Vietnam, the existing bilateral agreement expired on 1 May, 2009. Discussions are on-going in relation to a further agreement. 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.

While my priority at this point has been to secure a new bilateral agreement with Vietnam, my Office is also undertaking preparatory work on a draft bilateral inter-country adoption agreement with the Russian Federation. Officials in the Office of the Minister for Children and Youth Affairs, and colleagues in the Department of Foreign Affairs, have been taking soundings since April, 2008, in relation to inter-country adoption in the Russian Federation. This has included contacts with the Irish Embassy in Moscow and legal and other preparatory work on the possibility of a draft Inter-Country Adoption Agreement between the two countries.

A first formal meeting was arranged with the assistance of the Department of Foreign Affairs. This meeting of officials of the Office of the Minister for Children and Youth Affairs and the Embassy of the Russian Federation in Ireland took place in the last week. I will continue to advance this matter with the assistance of my colleague Minister Martin and of his officials in both Dublin and Moscow.