Andrew Doyle (Wicklow, Fine Gael)
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Question 237: To ask the Minister for Health and Children the position regarding bilateral, inter-country adoption agreement negotiations with Vietnam; and if she will make a statement on the matter. [25157/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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In the process of re-negotiating the bilateral agreement on inter-country adoption with Vietnam serious issues came to light in relation to the Vietnamese adoption process. 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.

Andrew Doyle (Wicklow, Fine Gael)
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Question 238: To ask the Minister for Health and Children the position regarding a bilateral, inter-country adoption agreement with Russia; and if she will make a statement on the matter. [25158/10]

Andrew Doyle (Wicklow, Fine Gael)
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Question 245: To ask the Minister for Health and Children if she will provide a list of countries that have ratified the Hague Convention. [25165/10]

Andrew Doyle (Wicklow, Fine Gael)
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Question 246: To ask the Minister for Health and Children the number of bilateral agreements for inter-country adoption in place with Ireland as the receiving country. [25166/10]

Andrew Doyle (Wicklow, Fine Gael)
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Question 247: To ask the Minister for Health and Children the steps that have been or are being taken to establish bilateral agreements with non-Hague Convention countries and the timeframe for same in view of the fact that the Adoption Bill 2009 provides for the making and recognition of inter-country adoptions in accordance with bilateral agreements. [25167/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 238 and 245 to 247, inclusive, together.

The Adoption Bill, 2009, 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. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

There are currently no bilateral agreements for inter-country adoptions in place. Consideration of a possible bilateral agreement with Russia following the enactment and commencement of the new adoption legislation is at an early stage.

The Adoption Board has provided a List of Countries/Territories that are compliant/non-compliant with the Hague Convention and/or Irish Adoption Law. Details are available on the Adoption Board website at www.adoptionboard.ie

Andrew Doyle (Wicklow, Fine Gael)
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Question 239: To ask the Minister for Health and Children the number of applications for inter-country adoption currently with the Health Service Executive for adoption from Russia and Vietnam. [25159/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern, however, I would invite the Deputy to raise it with me again in due course.

Andrew Doyle (Wicklow, Fine Gael)
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Question 240: To ask the Minister for Health and Children the position regarding applicants who have now received a declaration for an inter-country adoption from Russia; and if this adoption can proceed prior to the ratification of the Adoption Bill 2009. [25160/10]

Andrew Doyle (Wicklow, Fine Gael)
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Question 241: To ask the Minister for Health and Children the position regarding applicants who have now received a referral for an inter-country adoption from Russia; and if this adoption can proceed after the ratification of the Adoption Bill 2009. [25161/10]

Andrew Doyle (Wicklow, Fine Gael)
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Question 242: To ask the Minister for Health and Children the position regarding applicants who have commenced the inter-country adoption process under the 1991 Act; the implications for applicants who have not yet received a declaration, for applicants who have received a declaration and for applicants who have received a referral in terms of the establishment of the new Act. [25162/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 240 to 242, inclusive, together.

The Adoption Bill, 2009, 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. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

I brought forward at Committee stage an amendment to the Adoption Bill 2009 that will enable prospective adoptive parents to proceed with an adoption from a non-Hague or non-bilateral country, if prior to the establishment date, they have been issued with a Declaration of Eligibility and Suitability to adopt. The proposed amendment requires that the Adoption Authority (to be set up under the Act) would be satisfied that the particular adoption meets all the standards of the Hague Convention.

Andrew Doyle (Wicklow, Fine Gael)
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Question 243: To ask the Minister for Health and Children if she will confirm that the proposed Adoption Bill 2009 recognises direct adoptions from Hague Convention ratified contracting states when such adoptions are legislated for and administered in line with Hague Convention good practice guidelines; if not, if she will add an amendment to the Adoption Bill 2009 giving recognition to such adoptions. [25163/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The Adoption Bill, 2009, 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. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

There is nothing in the provisions of the Adoption Bill 2009, currently before the Houses of the Oireachtas, which will preclude couples/individuals from effecting a valid, Hague standard adoption from Hague ratified contracting States. With regard to 'independent' adoptions, Part 13 of the Adoption Bill outlines the restrictions on a person in seeking to make arrangements for adoptions. It also identifies the particular role of accredited authorities in this regard.

As with all applications, the Adoption Board reserves all of its statutory rights and functions in the matter of applications made to it, without partiality or prior commitment.

Andrew Doyle (Wicklow, Fine Gael)
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Question 244: To ask the Minister for Health and Children her plans to include a grandfather clause (details supplied) in the new adoption Act; if this will be limited to cases in which the application was already in process at the time of the establishment of the Bill. [25164/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The Adoption Bill, 2009, 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. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

The issue of a 'grandfather' clause was previously given careful and detailed consideration in the preparation of the legislation. 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.

Andrew Doyle (Wicklow, Fine Gael)
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Question 248: To ask the Minister for Health and Children the position regarding the establishment of an independent assessment agency for inter-country adoption in view of the resource issues in question and current waiting times for assessment for inter-country adoption. [25168/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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Applicants for inter-country adoption must undergo a detailed statutory assessment process, which is undertaken by professional Social Workers, and must be approved by the Adoption Board before a Declaration of Eligibility and Suitability to adopt abroad can be issued to them from the Board.

I acknowledge that persons applying for inter-country adoption have been experiencing unacceptably long delays as regards waiting times for assessment. Requests for assessment for inter-country adoption continue to be high and Ireland traditionally has one of the highest rates for inter-country adoption in Europe. The Health Service Executive has responsibility for the assessments of applicants for adoption through its social work service. I have asked the Health Service Executive to do everything possible to reduce waiting times and assessment times for prospective adopters which currently are excessively long. In addition, the Adoption Bill 2009 provides for the registration of accredited bodies to carry out aspects of the adoption process, including assessment.

Andrew Doyle (Wicklow, Fine Gael)
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Question 249: To ask the Minister for Health and Children her plans to expedite the inter-country adoption process in line with Hague Convention guidelines (Article 35) and if she will seek to replace the phrase as soon as practicable contained in sections 37(3), 37(4) and 39(1) of the new Bill with more appropriate wording. [25169/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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The Adoption Bill, 2009, 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. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

The Adoption Bill, 2009 is currently at Report Stage in the Dáil and has already completed all stages in the Seanad. Final amendments to the Bill are being considered in the course of this legislative process.

I acknowledge that persons applying for inter-country adoption have been experiencing unacceptably long delays as regards waiting times for assessment. Requests for assessment for inter-country adoption continue to be high and Ireland traditionally has one of the highest rates for inter-country adoption in Europe. The Health Service Executive has responsibility for the assessments of applicants for adoption through its social work service. I have asked the Health Service Executive to do everything possible to reduce waiting times and assessment times for prospective adopters which currently are excessively long. In addition, the Adoption Bill 2009 provides for the registration of accredited bodies to carry out aspects of the adoption process, including assessment.

Andrew Doyle (Wicklow, Fine Gael)
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Question 250: To ask the Minister for Health and Children if the Health Service Executive has reduced waiting lists under its nationwide system of application introduced in counties Dublin, Wicklow and Kildare in 2008 by 35% in the 12 months from September 2008; and if she will make a statement on the matter. [25170/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I regret that due to industrial action I am not in a position to provide a substantive response to the Deputy's Parliamentary Question. If this matter remains of continuing concern, however, I would invite the Deputy to raise it with me again in due course.