Written answers

Tuesday, 26 January 2010

Department of Health and Children

Inter-Country Adoptions

8:00 pm

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 267: To ask the Minister for Health and Children if she will clarify a statement (details supplied) issued in January 2010; the steps she took to ensure she was satisfied prior to entering into the bilateral adoption agreement which expired on 1 May 2009 and prior to furnishing to Vietnam a new proposed draft bilateral agreement in March 2009; and if she will make a statement on the matter. [3110/10]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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The conclusion of bilateral agreements on adoption with any country must take place in the context of the best information available to authorities at the time the agreement is being concluded. This was the case in relation to the bilateral agreement with Vietnam which expired on 1 May 2009.

We must constantly strive to improve inter-country adoption standards. These standards evolve over time and must reflect best practice at any particular time. In the process of re-negotiating the agreement serious issues came to light in relation to the adoption process in Vietnam. The issues were contained in the report on inter-country adoption commissioned by UNICEF and the Vietnamese Ministry of Justice and carried out by International Social Services (ISS). An earlier report published last August by the Vietnamese Ministry of Labour, Invalids and Social Affairs (MOLISA) was also considered in this regard. The UNICEF/ISS report, which was accepted by the Vietnamese Government, "proposes that Vietnam suspends inter-country adoptions for the necessary period during the year 2010 that will enable it to ensure optimal implementation of the Hague Convention and to prepare for the entry into force of the new law on adoption in 2011". The Report also raises serious questions regarding adoption practices in Vietnam, including as follows:

(a) inter-country adoptions from Vietnam are essentially influenced by foreign demand, i.e. the availability of children who are "adoptable" abroad corresponds more to the existence of foreign prospective adopters than to the actual needs of "abandoned" and orphaned children;

(b) the circumstances under which babies become "adoptable" are invariably unclear and disturbing;

(c) the inter-country adoption system is grounded in a remarkably unhealthy relationship between the mediating agencies and specific residential facilities; and

(d) Governments and central authorities of "receiving countries" collectively at least, and individually in many instances have not effectively committed themselves to applying the basic principles of The Hague Convention or the recommendations of the treaty's practical operation, in their dealings with Vietnam.

Having considered the contents of the two reports the Government decided, on 13th of January, to suspend indefinitely negotiations on a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam. As a result of this decision, all inter-country adoptions from Vietnam will be suspended until such time as the Adoption Bill 2009 has been enacted and both Ireland and Vietnam have ratified the provisions of the Hague Convention.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 268: To ask the Minister for Health and Children the action taken by representatives appointed to the Ireland-Vietnam review group during the currency of the relevant bilateral agreement to ensure that Vietnamese adoption practices met appropriate standards; the reports on this issue; and if she will make a statement on the matter. [3111/10]

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 269: To ask the Minister for Health and Children the reason she refused to publish full details of meetings held by the review group; the reports furnished by same to her; the further reason she refused to make available relevant information and documentation in respect of the review group when sought by this Deputy under the Freedom of Information Act 1997; and if she will make a statement on the matter. [3112/10]

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 271: To ask the Minister for Health and Children the consideration given by the review group during the lifetime of the expired agreement to difficulties arising as a consequence of the linkage between humanitarian aid and adoption services; the reports received by her from the review group on this issue; and if she will make a statement on the matter. [3114/10]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 268, 269 and 271 together.

The Joint Working Group referred to by the Deputy did not meet on a formal basis. However a number of joint meetings between officials from Ireland and Vietnam were held on an ad hoc basis to support the implementation of the Bilateral Agreement. Representatives of my Department and/or the Adoption Board met with their Vietnamese counterparts as required to review issues relating to adoptions from Vietnam on foot of the Agreement. Matters discussed included co-operation on technical assistance, staff training, providing assistance to State competent authorities involved in adoption and the care of children as referred to in Article 24 of the Bilateral Agreement.

Representatives of my Department and/or the Adoption Board met with their Vietnamese counterparts as required to review issues relating to adoptions from Vietnam on foot of the Agreement. Officials from my Department visited Vietnam on at least 5 occasions since the signing of the bilateral agreement in 2003. During the course of these visits some of the matters discussed included co-operation on technical assistance, staff training, providing assistance to State competent authorities involved in adoption and the care of children as referred to in Article 24 of the Bilateral Agreement. As a part of this process two significant reports were produced which helped to inform the Government's policy on adoption from Vietnam.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 270: To ask the Minister for Health and Children the reason she is critical of the linkage between the provision of humanitarian aid in conjunction with adoption services by an adoption agency licensed by her to assist applicants here in effecting Vietnamese adoptions when the expired bilateral agreement entered into by her, under which the agency operated, expressly envisaged the provision of such humanitarian aid and rendered it impossible for applicants here to effect Vietnamese adoptions without making a specific humanitarian aid payment; and if she will make a statement on the matter. [3113/10]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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My Office became aware of concerns around aspects of the operation of the mediation agency in question upon receipt of the 'draft Final Report' of the 'Assessment of the Adoption System in Vietnam' by ISS in mid August last year. The Adoption Board were contacted immediately upon receipt of the draft report. The Adoption Board's role in registering adoption societies, including the mediation agency in question, makes it the appropriate body to consider the issues raised.

The payment of humanitarian aid as part of the adoption process was provided for in the previous bilateral agreement. However, the Vietnamese authorities themselves wish to break the link between the referral of a child for adoption and the payment of humanitarian aid.

Photo of Joe McHughJoe McHugh (Donegal North East, Fine Gael)
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Question 272: To ask the Minister for Health and Children the reason she gave assurances to 20 couples at an advanced stage in the Vietnamese adoption process after 1 May 2009 that satisfactory arrangements would be made to facilitate them completing Vietnamese adoptions; the further reason no such arrangements have been made; the reason assurances (details supplied) were given for more than six months; and if she will make a statement on the matter. [3115/10]

Photo of Barry AndrewsBarry Andrews (Dún Laoghaire, Fianna Fail)
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It remains my intention to assist 20 named applicants to complete inter-country adoptions in respect of children from Vietnam on an exceptional basis and insofar as it is practicable in law. In communicating the decision to suspend the bilateral negotiations the Irish Government asked the Vietnamese Government whether it will be possible to proceed with the adoptions. A response is awaited from the Vietnamese authorities to this request.

At no time were assurances given that these adoptions would be effected and entered into the Registry of Foreign Adoptions.

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