Liz McManus (Wicklow, Labour)
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Question 9: To ask the Minister for Health and Children the status regarding the bilateral agreement relating to inter-country adoption between Ireland and Russia; if a copy of the agreement will be provided to parents in order that all parties are fully aware of their rights and duties under this agreement; the nature and legal status of the agreement between the Health Service Executive, the Russian Embassy and the Adoption Board; and if she will make a statement on the matter. [23158/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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As the Deputy is aware, 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 proposed new legislative regime, prospective adoptive parents will be able to adopt from countries that have ratified the Hague Convention as well as from those countries with which Ireland has a bi-lateral 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 who continue to seek homes abroad for children in need of alternative care that 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 with the Russian Federation.

Ireland presently has no bilateral agreement on intercountry adoption in place with the Russian Federation. Preparatory work on a draft bilateral agreement on intercountry adoption with the Russian Federation is currently being undertaken. Officials from my Office and from the Department of Foreign Affairs have been taking soundings in relation to inter-country adoption in the Russian Federation since April, 2008. This has included contacts with the Irish Embassy in Moscow and legal and other preparatory work on the possibility of a draft agreement between the two countries. A first formal meeting between the two sides, arranged with the assistance of the Department of Foreign Affairs, took place in early May. I will continue to advance this matter in the coming months with the assistance of officials from both the Department of Foreign Affairs and the Irish Embassy in Moscow.

While every effort will be made to conclude a bilateral agreement 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 Government of the Russian Federation.

Liz McManus (Wicklow, Labour)
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Question 10: To ask the Minister for Health and Children the position regarding the bilateral adoption agreement between Ireland and Vietnam; if she will renew the bilateral adoption agreement between Ireland and Vietnam before the Adoption Bill 2009 is passed; the position regarding inter-country adoption, in particular such adoptions between Ireland and Vietnam; the status of the agreement between the two countries; the status of persons who had been on the list of adoption before the initial agreement was terminated; the position in this matter; and if she will make a statement on the matter. [23159/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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My Office is continuing to work towards securing a strengthened inter-country adoption agreement with the Vietnamese authorities. In light of several concerns raised by other countries during the last year, the Government decided that it was necessary to reinforce the initial bilateral agreement with the Socialist Republic of Vietnam. Also, with the publication of the Adoption Bill, 2009, on 23 January last, it was considered necessary to ensure that both the content of a new agreement and its implementation would meet the minimum standards set out in that Bill and stipulated in the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

This process has been on-going for fifteen months now and dialogue with the Vietnamese authorities continues. As ever, the primary focus in securing any new inter-country adoption agreement between Ireland and the Socialist Republic of Vietnam is on reinforcing the requisite procedures that support and protect the children for whom adoption services are devised and provided. At this juncture, all options, including an interim agreement, are actively being pursued by the Government to allow for the conclusion of discussions on a strengthened bi-lateral agreement and to facilitate continuity of the strong and positive relationship between both jurisdictions.

I am anxious to conclude discussions on the text of the inter-country adoption agreement already under consideration. However, I must point out that no guarantee, despite the efforts of the Government, can be provided in relation to the outcome of that process. In addition, it must be noted that the wider policy agenda priority is the enactment of the Adoption Bill and the subsequent ratification of the Hague Convention. Any follow-up intercountry adoption agreement with the Socialist Republic of Vietnam must have regard to these forthcoming changes in our national adoption legislation.

It is not possible for me to either give a timetable or anticipate when discussions on the agreement will be finalised. While outstanding matters that require attention may be prioritised by the Government, it is not possible to predict what matters will demand the attention of the Vietnamese authorities or where a follow-up intercountry adoption agreement may fall in their list of priorities. However, there has been a high level of engagement on both sides and it is clear from progress so far that there is a genuine willingness on both sides to bring the negotiations to a successful conclusion.

With regard to the status of persons who had been on the list of adoption before the initial bilateral agreement with the Socialist Republic of Vietnam was terminated, the Adoption Board has advised that:

• all adoptions from Vietnam, which have been registered on the Register of Foreign Adoptions, are safe and secure;

• all applicants who have adopted children from Vietnam and returned to Ireland but as yet, have no entry in the Register of Foreign Adoptions will be registered subject to the usual statutory requirements;

• applicants who have referrals in respect of children from Vietnam will be allowed to complete their adoption;

• there will be no new referrals from May 1st, 2009, and

• the process of granting Declarations (which are not country specific) is not affected by the ending of the Bilateral Agreement with Vietnam.