George Lee (Dublin South, Fine Gael)
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Question 154: To ask the Minister for Health and Children her views on whether it is in the best interest of children that the grandfather clause is maintained so that adopted children can be reunited with their siblings; if she will re-introduce this clause in the Adoption Bill 2009 by deleting section 81 (1) of the Bill; and if she will make a statement on the matter. [41178/09]

Finian McGrath (Dublin North Central, Independent)
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Question 155: To ask the Minister for Health and Children if she will support the inclusion of a grandfather clause into the Adoption Bill 2009; if she will establish transition measures to facilitate those couples to complete their inter-country adoption application that are underway with countries such as Russia, Vietnam, Ethiopia, China and other countries not ratified under the Hague agreement; if a bilateral agreement will be included with countries that have traditionally been international adoption partners with Ireland. [40741/09]

Mary Harney (Dublin Mid West, Independent)
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I propose to take Questions Nos. 154 and 155 together.

The Adoption Bill, 2009, which is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption, has passed through the Seanad and I am actively seeking time for its progression in the current Dáil session. As I have stated on many previous occasions, under the new legislation, prospective adoptive parents will be able to adopt from countries that have also ratified the Hague Convention and from countries with which Ireland has a bilateral agreement that meets Hague standards.

There are transitional provisions contained in the Bill. The issue of further transitional measures for prospective parents who are at an advanced stage in the adoption process, when the Bill is enacted, and who wish to continue with an adoption from a non-Hague, non-bilateral country, have been raised with me by representative groups.

I am currently examining this and other related matters including calls for the insertion of a "grandfather" clause in the legislation to allow for the adoption of a second child from the same country, in a situation where the country chosen will not have ratified the Hague Convention or have a bilateral agreement with Ireland when the Adoption Bill, 2009 is enacted.

However, I must emphasise that the issue of a "grandfather" clause was previously given careful and detailed consideration in the preparation of the legislation and it was decided against including such a provision in the Bill as it would represent a considerable dilution of the intent of the legislation in terms of setting improved standards for inter-country adoption.

Preliminary work has been undertaken on the development of bilateral agreements with Russia, Vietnam and Ethiopia. Future discussions in this regard will need to take account of the provisions of the Adoption Bill, 2009.