Róisín Shortall (Dublin North West, Labour)
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Question 118: To ask the Minister for Health and Children if she will make a statement on her Department's preparations prior to the expiry of the bilateral agreement 2004 to 2009 between Ireland and Vietnam; if she will detail the planning and co-ordination of these preparations; the reason neither the Adoption Board nor a company (details supplied) were informed of the planned full suspension of the agreement; if reports that this company, another organisation or the Adoption Board were considered prior to the suspension of the agreement; if she will make a further statement on the lack of communication, particularly with advocacy groups. [8320/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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Substantive work in relation to a new draft Bi-lateral Agreement for Inter-country Adoption with the Socialist Republic of Vietnam was undertaken in the year leading up to the expiry of the previous agreement. As early as February 2008 officials visited Vietnam to discuss with Vietnamese authorities the operation of the agreement and related issues. In October 2008, the Government decided not to roll over existing bilateral agreement. This was communicated to the Vietnamese authorities at that time through formal diplomatic channels. A further visit to Vietnam by an Irish delegation for discussions took place in November 2008 for the express purpose of discussing a new bilateral agreement.

In March 2009, a draft of a new agreement was provided to the Vietnamese authorities for their consideration. In response to an invitation from the Vietnamese Government a delegation from Ireland travelled to Hanoi in April 2009 to discuss the draft Agreement. The delegation was led by the Office of the Minister for Children and Youth Affairs (OMCYA) and was assisted by the Adoption Board. Discussions were facilitated and guided locally by the Irish Embassy in Hanoi. In addition, I travelled to Vietnam in June 2009 to engage in further discussions.

In the process of re-negotiating the bilateral agreement on intercountry adoption with Vietnam serious issues came to light in relation to the Vietnamese adoption process. The issues were contained in the report on intercountry 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 intercountry 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.

Having considered the contents of the two reports the Government decided, on 13th of January, to suspend indefinitely negotiations on a new bilateral intercountry adoption agreement with the Socialist Republic of Vietnam. As a result of this decision, all intercountry adoptions from Vietnam are 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.

At all times, I have personally apprised the representative groups of developments through regular meetings as soon as any new information became available. I met with all of the representative bodies at each stage of the process and prepared statements which were shared with the groups which were later posted on my Office's website. Regular meetings with representative groups were a priority during this period. This remains the position to this day. In relation to the agency mentioned by the Deputy, this agency is a mediation agency involved in processing applications in Vietnam and has had no role in the negotiation of a new bilateral agreement with the Vietnamese authorities.