Jim O'Keeffe (Cork South West, Fine Gael)
Link to this: Individually | In context

Question 65: To ask the Minister for Health and Children the position in relation to the completion of inter-country adoption arrangements with Vietnam, Russia and other countries where difficulties have arisen in recent times. [26196/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

As Deputies are aware, my Office is continuing to work actively to create the appropriate legislative, policy and administrative frameworks that will ensure that a properly regulated regime of adoption is in place in Ireland. Our aim is to support and protect prospective adoptive parents and, even more importantly, the children for whom adoption services are devised and provided.

The promotion of a child's best interests is the fundamental principle that not only supports the development of a national child care and protection system but also ensures that an ethical and child-centred approach to inter-country adoption is adopted and consistently pursued in Ireland. Inter-country adoption does not occur in a vacuum – rather, 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. Inter-country adoption requires a shared responsibility and respect between States in order to ensure that the best ethical practices to support the interests of children, and to safeguard them against their abduction, sale or trafficking, are practised and upheld.

As the Deputy is aware, the Adoption Bill, 2009, was initiated in the Seanad and has recently passed all Stages in that House. The Bill will continue to be prioritised by the Government for its passage through the Oireachtas.

I firmly believe that the Bill, which includes the regime of the Hague Convention, provides an assurance for individual children, for their families and for 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 the intention of the Government, as Deputies are well aware, that all inter-country adoption will now meet the standards of the Hague Convention.

I have reported in detail to both Houses on the situation regarding the reasoning for and actions taken to support the negotiation of a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam in recent weeks. This position has not fundamentally changed since my last statement on the matter. The process has been on-going since the beginning of 2008 and the dialogue with the Vietnamese authorities is continuing.

Many Deputies have, in recent weeks, sought guarantees on and specific timeframes for the conclusion of the discussions on a new agreement with the Socialist Republic of Vietnam. I must reiterate that all options, including an interim inter-country adoption agreement, are actively being pursued by the Government to finalise these discussions. I must also stress the point that it is not possible for me to either give a timetable or anticipate when this process will be concluded. The negotiations remain live and a request to set up an interim inter-country adoption agreement, which was issued to the Vietnamese authorities on 20 May last via the Department of Foreign Affairs, has been made. It is now a matter for the Vietnamese authorities and, as such, it would be improper for the Government to seek to influence or interfere with their decision-making process.

The Socialist Republic of Vietnam is a sovereign state and the decisions that it makes regarding the internal regulation and management of its adoption services must be treated sensitively as appropriate to a sovereign state. My priority is to conclude discussions with the Vietnamese Government on a new bilateral inter-country adoption agreement and to avoid any debate outside of that process that could potentially jeopardise or interfere with these discussions. In the meantime, my officials will continue to be in regular contact with the Department of Foreign Affairs and with the Embassy on the ground in Hanoi.

I can assure the Deputy that the work to prepare for and advise the Government on a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam has been given, and continues to be given, the very highest priority by my Office. I remain completely committed to finalising discussions on the text of the agreement with the Vietnamese authorities. I have explained the reasons for the renegotiation of the existing agreement and am acutely aware of the stress and anxiety that this process has caused to many prospective adoptive parents. I will be in Vietnam on the week commencing 29 June, the itinerary for which visit has been compiled with the assistance of the Irish Embassy in Hanoi. I will issue a statement on the visit on my return from Vietnam.

My Office has also been working actively to assess the possibilities of entering into bilateral inter-country adoption agreements with a small number of other countries from which Irish applicants have traditionally adopted – including the Russian Federation and the Federal Democratic Republic of Ethiopia.

While every effort will be made to conclude a bilateral inter-country adoption agreement with the relevant authorities 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.