Tom Hayes (Tipperary South, Fine Gael)
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Question 209: To ask the Minister for Health and Children if it is the case that a working agreement will be necessary, as opposed to a formal bilateral agreement to recommence adoptions from Vietnam once the Hague Convention is ratified there; the action that has been taken to commence this working agreement; and if she will make a statement on the matter. [35416/10]

Joe McHugh (Donegal North East, Fine Gael)
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Question 213: To ask the Minister for Health and Children in view of the discontinuation of the bilateral agreement between Ireland and Vietnam, if consideration will be given when the declaration to adopt runs out; her views on the predicament of those already on the waiting list with Helping Hand; if she will arrange that if declarations expire as a result of the unanticipated wait that an extension can be automatically granted for a third year without the paper work having to be renewed; if this goes into a fourth year that the adopters will not have to start from the beginning again which is currently the case; and if she will make a statement on the matter. [35423/10]

Barry Andrews (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 209 and 213 together.

The Adoption Act, 2010 gives 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 intercountry adoption arrangements will be governed by the terms of the Adoption Act, 2010, once commenced.

The papers for the ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption were deposited with the Ministry of Foreign Affairs of the Netherlands on 28th July 2010. In accordance with Article 46.1 of the Convention, the Convention enters into force for Ireland on 1 November 2010. It is my understanding that the Vietnamese National Assembly has recently passed legislation which should allow for a move to ratification of the Hague Convention. In the event that both Ireland and Vietnam ratify the Convention there is every reason to expect that adoptions from Vietnam could re-commence subject to the provisions of the Convention and the legislation in both Countries being met in this regard.

As both countries will have ratified the Hague Convention there will be no need for a formal bi-lateral agreement with regard to inter-country adoption. At the time of ratification Ireland and Vietnam will each designate a Central Authority to discharge the duties which are imposed by the Hague Convention. Administrative arrangements will be a matter for the Adoption Authority, as Ireland's designated Central Authority, to make with the designated Vietnamese Central Authority. Section 41 (1) of the Adoption Act, 2010, deals with the expiration of Declarations of Eligibility and Suitability. Under the new legislation, declarations will be valid for 24 months from the date of issuance with the possibility of a further 12 month extension.