Patrick Nulty (Dublin West, Labour)
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Question 209: To ask the Minister for Children and Youth Affairs the steps that have been taken to authorise the Adoption Authority to commence negotiations with the Ethiopian authorities in order to create a bilateral agreement which would allow Irish persons to adopt from Ethiopia. [35212/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Adoption Act, 2010, commenced on 1 November 2010. This coincided with Ireland's formal ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption. The purpose of the Adoption Act, 2010, is to improve standards in both domestic and inter-country adoption. The regulatory framework governing adoption has been strengthened in an attempt to ensure that the best interests of children are protected at every step throughout the adoption process. With effect from 1 November 2010, inter-country adoptions can be effected with other countries which have ratified the Hague Convention or with which Ireland has a bilateral agreement.

The Adoption Authority of Ireland (AAI) is an independent statutory body charged with implementing the Adoption Act, 2010. The Authority has responsibility for the direct operational implementation of legislation and Government policy. It has a quasi-judicial role and is independent in its decision-making functions.

As provided for in Section 72 of the Adoption Act, 2010, the Authority may establish administrative arrangements concerning the processing of applications with other Hague countries in relation to inter-country adoptions. The Authority has already travelled to a number of jurisdictions in order to make contact with the Central Authorities; advise of our processes and procedures, assess the need for additional administrative arrangements or agreements; and to glean as much information as possible of relevance to prospective adopters from those countries. The visits also provide opportunities to streamline processes on both sides and get up to date information for prospective adopters on developments in these countries. AAI delegations will shortly travel to Mexico and the United States to discuss possible administrative agreements. It is envisaged that the AAI will visit Vietnam in the near future as that country has recently ratified the Hague Convention and entry into force of the Convention is 1 February 2012. The Authority has also commenced a review of the adoption laws of Lithuania, Panama, Kenya and Kazakhstan as prospective countries for adoption into Ireland, and said it would look at other Hague countries as appropriate.

As the Hague Convention is designed to ensure a minimum set of standards in inter-country adoption, the Adoption Authority have indicated that their first priority is to reach agreements on arrangements with other Hague countries. The negotiation of bilateral agreements on inter-country adoption with non-contracting states is governed by Section 73 of the Adoption Act 2010 which states that "the Authority, with the prior consent of the Minister, may enter into discussions with any non contracting state concerning the possibility of the Government entering into a bilateral agreement with that State." Ethiopia, as it is not a signatory of Hague, is covered by Section 73 of the Adoption Act 2010. Ireland has no bilateral agreement with non Hague countries

Paschal Donohoe (Dublin Central, Fine Gael)
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Question 210: To ask the Minister for Children and Youth Affairs the position regarding changes made to the adoption process following the difficulties prospective Irish parents experience while attempting to adopt children from Vietnam, Russia and other countries; and if she will make a statement on the matter. [35226/11]

Maureen O'Sullivan (Dublin Central, Independent)
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Question 213: To ask the Minister for Children and Youth Affairs if there are adequate resources to the Adoption Authority of Ireland to progress bilateral adoption agreements with countries that have not ratified the Hague Convention; if she is confident that progress is being made regarding these arrangements; and if she will make a statement on the matter. [35261/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 210 and 213 together.

The Adoption Act, 2010, commenced on 1 November 2010. This coincided with Ireland's formal ratification of the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption. The purpose of the Adoption Act, 2010, is to improve standards in both domestic and inter-country adoption. The regulatory framework governing adoption has been strengthened in an attempt to ensure that the best interests of children are protected at every step throughout the adoption process. Inter-country adoptions can only be effected with other countries which have ratified the Hague Convention or with which Ireland has a bilateral agreement.

The Adoption Authority of Ireland (AAI) is an independent statutory body charged with implementing the Adoption Act, 2010. The Authority has responsibility for the direct operational implementation of legislation and Government policy. It has a quasi-judicial role and is independent in its decision-making functions.

Hague Countries

As provided for in Section 72 of the Adoption Act, 2010, the Authority may establish administrative arrangements concerning the processing of applications with other Hague countries in relation to inter-country adoptions. The Authority has already travelled to a number of jurisdictions in order to make contact with the Central Authorities; advise of our processes and procedures, assess the need for additional administrative arrangements or agreements; and to glean as much information as possible of relevance to prospective adopters from those countries. The visits also provide opportunities to streamline processes on both sides and get up to date information for prospective adopters on developments in these countries. AAI delegations will shortly travel to Mexico and the United States to discuss possible administrative agreements. The Authority has also commenced a review of the adoption laws of Lithuania, Panama, Kenya and Kazakhstan as prospective countries for adoption into Ireland, and has indicated it would look at other Hague countries as appropriate.

Vietnam

The Vietnamese authorities deposited the instrument of ratification of the Hague Convention on 8 November. Therefore, the Hague Convention on Inter-country Adoption will enter into force for Vietnam on 1 February 2012. Preliminary discussions have taken place regarding official visits and exchange of information between Ireland and Vietnam with a view to putting in place administrative arrangements under Section 72 of the 2010 Act.

Non-Hague Countries

As the Hague Convention is designed to ensure a minimum set of standards in inter-country adoption, the Adoption Authority have indicated that their current priority is to reach agreements on arrangements with other countries that have ratified the Hague Convention.

The negotiation of bilateral agreements on inter-country adoption with non-contracting states is governed by Section 73 of the Adoption Act, 2010 which states that "the Authority, with the prior consent of the Minister, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that State."

The situation in relation to Russia is complex. My Department is currently in discussion with the AAI on the appropriateness and feasibility of exploratory discussions with the Russians authorities concerning the possibility of the Government entering into a bilateral agreement with that State. It is envisaged that Irish officials will visit Moscow in December on this matter.

Ethiopia, as it is not a signatory of Hague, is also covered by Section 73 of the Adoption Act, 2010. Ireland currently has no bilateral agreement with non Hague countries.

Resources

The issue of resources, staffing and funding for the AAI is a matter of continuous review by my Department. However, as the Deputy will be aware, there are currently significant ongoing constraints on public expenditure to which the Adoption Authority is subject, including the Employment Control Frameworks which provide for progressive and permanent reductions in the numbers employed across the public service. The Authority has submitted specific proposals relating to staffing and these are currently under review by my Department. In addition, the post of CEO of the Authority has been advertised and I expect will be filled shortly.