Adjournment Debate.

Foreign Adoptions.

Deputy Bernard Allen

I will take the unusual step of not putting my case myself but of reading a letter from a constituent which says everything. I will not name the people involved, but I received the letter recently. It states:

I am writing to you on behalf of my husband and myself as I have also done in the past. You are probably well aware of the frustration caused to couples like us by Minister Barry Andrews on the lack of information and length of time that lapses between any information he decides to share with us. I would hope that you would sympathise and be willing to question Mr. Andrews on our behalf as to why he does not find it necessary to keep couples like ourselves or support groups informed of what is happening with the works being carried out to get a new bilateral agreement in place so Vietnam can once again open to people who just want to give loving and happy homes to children in orphanages in Vietnam.

We will be 17 years married [this year] and the heartache we have experienced as a childless couple has been at times extremely difficult to deal with. But when we started the road to adopt a child I really thought all the pain and anguish we experienced in the past was finally over. When Vietnam closed I was not very worried as I believed the Minister would sort it quickly. Never did I think that we would be here grasping at straws for a little bit of information about the ongoing hurdles over four months later.

Can you please, please ask Barry Andrews [I am asking him tonight] to give people an answer on whether Vietnamese officials are definitely coming to Ireland for talks at the end of September? I would think that at this stage it is either confirmed or not. Also how long more do people have to wait? Should people forget about Vietnam as a choice of country or not?

I do not think that the Government understands the difficult process we have to endure to get as far as the Adoption Board passing you as fit to adopt. When you get that declaration it means everything to couples like myself and my husband. But though this means we have the right to become a family to some child who needs us as much as we need them Barry Andrews has put a stop to this dream becoming a reality. It is one thing to have miscarriage after miscarriage and also a stillborn baby, as in our case as these are as far as I am concerned an act of God but Barry Andrews has no right to play God with our lives. We have proven we are good, honourable people and can give a child a loving, happy and secure family home. We need answers as it is ridiculous how long this is taking without any real information being shared with us. Please can you do your best to help us? The not knowing is agonising and I await your response.

All I can do is put that letter to the Minister of State tonight and ask him to give as much information as possible and, more important, hope to the people who are undergoing agony and anguish not knowing what is happening.

Deputy Joe McHugh

I emphasise the need for calm and sensitivity in this debate. It is a very raw matter for many people and couples. There is another element in that there are many post-adoptive families and I am acutely aware of the sensitivities in this regard.

We need to hear stories. I have one from the mother of a lady in my constituency who is in this process and finds herself very much in limbo. On public radio the mother said this should not be a political issue and should be dealt with in a cross-party way as much as possible. Is there anything the Minister of State feels the Opposition side can do? There is not much to be gained by shouting across the benches because of the sensitivity around the issue. From speaking to colleagues about this I wonder if we can sit down calmly and rationally and deal with the future parents who find themselves in this limbo. It is horrific, a horror story. I had a connection with parents whose adoption process broke down some years ago. It is likened to a form of bereavement.

We must be measured but bold in our ambition concerning what we can and should do. There are legal parameters — and I know the Minister of State has a report sitting on his desk since August — and the legal issues will take time to resolve. On this side of the bench, and including the former spokesperson on Justice, Equality and Law Reform, Deputy Jim O'Keeffe, who spoke to the Minister of State prior to this Adjournment motion, we have the legal expertise to find a solution to this. I do not know how to go forward with this, either singularly or as a politician in Opposition. The area is raw and emotional and is much too sensitive. I cannot even begin to understand it. All politicians can do at the moment is empathise but we must be bold, measured and deliberate in trying to put something together to bring these possible future parents out of limbo.

Minister of State at the Department of Health and Children (Deputy Barry Andrews)

I apologise to the House. My voice has gone and my fellow Minister of State, Deputy John Moloney, will speak for me.

Minister of State at the Department of Health and Children (Deputy John Moloney)

The issue of intercountry adoption and, in particular, the negotiation of a new bilateral agreement with Vietnam has been given considerable priority by Department officials over the past year. The Minister of State, Deputy Andrews, has advised the House and parent and prospective adoptive parent representative groups on many occasions regarding the developments in those discussions. He again emphasises that the Government's objective is to provide a regime in which the child is at the centre of the adoption process, whether it is an intercountry or domestic adoption, and that adoptions are effected in a manner which is legal, safe and secure.

The most important development in achieving that objective is the development of an appropriate legislative regime which recognises the changing global situation regarding adoption over the past 20 years. The Adoption Bill, which includes the regime of the Hague Convention, provides an assurance for individual children, their families, and the State, that appropriate procedures have been followed and that the adoption was effected in the best interests of the child. A core principle of the Adoption Bill and the Hague Convention is that the child's interests must be paramount. The Hague Convention, which is given the force of law in this Bill, effectively puts in place an agreement between states to regulate the standards that will apply in each jurisdiction. It is to put in place safeguards that acceptable standards are being applied in other countries, over which we have no jurisdiction.

Over the course of the past six weeks, two significant reports have been received regarding child welfare, protection and adoption in Vietnam. First, in August 2009, the Ministry of Labour, Invalids and Social Affairs, with technical assistance from UNICEF in Vietnam, published a report entitled "Creating a protective environment for children in Viet Nam: an assessment of child protection laws and policies, especially children in special circumstances in Viet Nam". Some of the issues raised in this report had already been under consideration in ongoing deliberations of the drafting of a new bilateral agreement with the Vietnamese. However, this report has highlighted significant policy and legal implications and warrants further deliberation.

Furthermore, the Minister of State has received in draft form a report of an examination of intercountry adoption in Vietnam carried out by the International Social Services, ISS. The report was commissioned by UNICEF in coordination with the Ministry of Justice of Vietnam. It aims to identify and address problems in both domestic and Intercountry adoption processes with a view to assisting Vietnam in its preparations to ratify the Hague Convention. This report is likely to give rise to further issues that will need to be considered.

The Minister of State stresses that these two reports, both prepared in co-operation with the Vietnamese Government, and UNICEF, go to the heart of the matter regarding concerns about intercountry adoption in Vietnam. He states that he would be failing in his duty to protect children if he did not acknowledge and consider the content of these reports extremely carefully before deciding on next steps. In saying that, these reports also serve to highlight the commitment of the Vietnamese Government to ensuring that the adoption process in Vietnam is in line with the best international standards and its willingness to address issues at the core of that commitment. The Minister of State is currently awaiting finalisation of the ISS report, which is expected in mid to late October.

He is fully aware that those involved in the adoptive process are asking for a clear Government indication as to whether a new bilateral agreement will be concluded. Furthermore, they wish to be informed about a time frame for likely next steps. In meeting representative adoptive groups this afternoon, the Minister of State indicated that the Government must await receipt of the finalised ISS report before a decision can be made whether to continue with negotiations on a new bilateral agreement with Vietnam.

The draft ISS report addresses in some detail the concerns raised in the past regarding intercountry adoption from Vietnam. Given the sensitivity of matters at hand and the gravity of the decisions to be made, the Minister of State believes it prudent to await the finalisation of the ISS report. It is his view, however, that even if the decision is made to proceed with the negotiation of a new bilateral agreement, this process will take some time. It is conceivable that because of the legal complexity involved in safeguarding against the concerns referred to in the reports this process could very well run in to the early part of next year. It is important to be absolutely honest with prospective adoptive parents, many of whom are trying to plan their lives in the absence of definite timelines.

This is an extremely sensitive matter and the Minister of State is aware of the likely concerns of the many Irish families who have already adopted children from Vietnam. He consulted the Adoption Board which advised that all adoptions from Vietnam that have been registered on the register of foreign adoptions are safe and secure. There should be no doubt about the status of adoptions that have already been effected from Vietnam. These children have been adopted by loving families in Ireland and there should be no doubt concerning their status.

The Minister of State is acutely conscious of the concerns of prospective adoptive parents. Over recent months he has regularly met individual prospective adoptive parents and representative groups. He is deeply aware of the angst, frustration and emotion that prospective adoptive parents continue to experience at this time. He has communicated at every opportunity updates on these matters and has committed to continuing this process.

Regarding the processing of 20 applications, the Minister of State made a private visit to Vietnam in June to assess progress and support advancement of the discussions on a new bilateral agreement on adoption with Vietnam. In the course of discussions held during this visit, the Vietnamese authorities, as a gesture of goodwill, agreed to process the 20 cases that were received by the Department of Adoption before 1 April 2009 but for which no referral had been made prior to 1 May 2009. Several applications were already being processed under the transitional arrangements put in place by the Vietnamese side. This request and the Vietnamese accession to it, was made having regard to the very advanced stage of the applications and the very small number of applications involved. Further applications for adoption will not be considered by the Vietnamese side outside of a bilateral agreement between the two countries.

The Adoption Board has considered the situation of these 20 applications at the request of the Minister of State. The board and Deputy Andrews are satisfied there is no legal impediment in allowing these adoptions to proceed. The board has advised that, as always, registration of these adoptions will have regard to the provisions of the Adoption Acts 1952 to 1998 and will also have specific regard to relevant issues raised above. The need to ensure that appropriate arrangements to safeguard any adoptions are put in place is highlighted by the reports referred to. The Adoption Board has advised the Minister of State of its decision to seek the assistance of the Department of Foreign Affairs in processing the 20 applications. He considers this a prudent approach; staff of his office met with the Department of Foreign Affairs this evening with regard to these matters and he expects the processing of these 20 cases will be advanced shortly.

The granting of a declaration is not a bureaucratic process rather a quasi-judicial one which is a major step in the adoption procedure which is of significance not only to the applicants but to the child whom they will eventually adopt. The issuing of declarations of eligibility and suitability is a matter for the Adoption Board which is an independent statutory body. The Adoption Board must comply with the provisions set down in the Adoption Act 1991. Applications for an extension to the validity of a declaration must be made in the first 12 month period of validity of the declaration. The Adoption Board must also consider whether it is reasonable and proper to grant extensions for a further period. The office of the Minister of State does not have any function in relation to the matter. He has raised the matter with the Adoption Board and they have indicated that the board will be as sympathetic to such applicants as is possible within the legal framework. The Minister of State is also aware that this process has its own implications regarding the role of the Health Service Executive and he will raise the matter directly with the HSE tomorrow.

Urban Renewal Schemes.

Deputy Jan O’Sullivan

I thank the Minister of State, Deputy Finneran, for taking the Adjournment this evening as he has responsibility for housing and I ask him to convey our concerns to the Minister for the Environment, Heritage and Local Government, Deputy John Gormley, considering the importance of this issue.

The Limerick regeneration plan will be nothing but a pipe dream if funding is not made available to commence the planning and design elements this year and to move the projects to construction next year. It is critical that the Government shows its support for the plan by formally endorsing it at Cabinet and providing the necessary resources.

This is a crucial time for Limerick regeneration. Communities that saw very little evidence of Celtic tiger Ireland even before the bubble burst have invested their hopes as well as their time, energy and ideas into these plans. It would be terrible to let those people down now. They have had to put up with neglect and intimidation for long enough. If there is any rowing back on expectations now, these communities will rightly conclude that no one in power really cares about them.

Deputy Kieran O'Donnell and myself and other representatives of Limerick met with the regeneration agency during the summer. The agency made it clear to us the importance of making progress at this time. The first requirement is approximately €1 million in order to commence the design and planning of a number of key projects, including sheltered housing for older people at each side of the city and small group housing schemes in other parts of the areas. If design is not commenced in the next couple of months, the projects will be unduly delayed and the intention is to commence the design and planning and then proceed to construction next year.

The second requirement is an allocation for 2010 which is at least as large as the nearly €25 million provided for in 2009. This will allow for construction to begin and for some progress to be made on the social and economic elements which in my view are equally important or perhaps more important than the physical element of the regeneration programme.

Money spent on sporting facilities, environmental improvements, summer camps and youth activities, will make more of an impact, in my opinion, than the bricks and mortar elements. Support for enterprise and the maintenance of jobs is obviously crucial at this stage. Construction must begin. What has happened with regard to houses so far has been nearly all negative from the point of view of people living in these areas. People in communities such as Moyross, St. Mary's Park, Ballinacurra Weston and Southill have seen some of their best neighbours move out and their houses being boarded up. This has allowed the criminal elements to hold sway even more. This is worse than the intimidation many people experience. It has left people living beside boarded up and derelict houses which attract dumping and sometimes rodents as well as causing dampness and a general feeling of being abandoned. Anyone here in the House would understand that it is not a good experience to have empty houses right beside one or in the same block.

I refer to one small estate in particular which I will not name because the residents have suffered enough. It was ravaged by a very small group who felt they could do whatever they liked. That estate was once one of the most sought-after areas on the housing list of Limerick City Council. It is very sad to meet people who used to live in that estate or to walk around it today. In my opinion it would be far worse to stop or slow down regeneration now than to never have initiated it. I have talked to people living in those estates. They regard themselves as living in a limbo land. The community that was there is gradually being moved out to various places and the community of the future has not been put in place yet. The people do not know what is happening and they want answers.

I tabled a question to the Minister for the Environment, Heritage and Local Government during the summer and I received a reply when the Dáil returned last week. In his reply he stated he will be presenting the master plan with associated implementation plans to the Government this autumn and this is to be welcomed. The Government must endorse the plan and give its full backing for the implementation of the plan.

Most people I spoke to were surprised that this had not already been done. There is a general impression in Limerick that the plan has already been fully endorsed by Government. The people in those communities need that certainty and that commitment.

I am looking for confirmation from the Minister of State that the proposals will go to Cabinet within the next month and that funding at least on a par with what was allocated this year will be forthcoming, as well as the €1 million needed for design and planning for next year's projects. I hope the Minister of State will be able to give these assurances this evening.

Deputy Kieran O’Donnell

I echo many of the sentiments expressed by Deputy O'Sullivan. We need action on regeneration. The project is in danger of losing credibility and of stalling. People were unaware that this is a draft plan which has yet to receive formal Cabinet approval. I want the Minister of State to give us an indication of the date when it will be approved at Cabinet. I want an indication from him of when the €1 million will be provided for the planning and design stage. In the four regeneration areas of Moyross, St. Mary's Park, Southill and Ballinacurra Weston, houses have been knocked and people are waiting to see physical works taking place but they have not started. They have been given no indication as to when these works will begin. Their neighbours and friends have moved out so instead of the regeneration areas flourishing, they have been depopulated over a period of time, over the past 18 months. This draft plan is in place since last October and it is critical that we are given an indication tonight in the House that there is Government commitment to the regeneration project in Limerick. The only way we can have that is for formal Cabinet approval of the draft master plan. Once this is put in place it is imperative that the €1 million is provided for planning and design. The project was well received by people in the regeneration areas and in the wider Limerick community but which has literally sat in limbo. All we have seen is destruction of certain houses in the regeneration areas and nothing to replace them. Apart from the fact that the project would improve the quality of life for people in the regeneration areas and restore credibility, it has an enormous job creation potential for the city of Limerick. Many of the people in the regeneration areas have lost their jobs. The jobs task force report chaired by Denis Brosnan has stated that there could be up to 3,000 people a year employed during the regeneration process. It is critical that is put in place. I would also like the Minister of State to convey to the Minister for the Environment, Heritage and Local Government, Deputy Gormley, that it is critical that funding be provided in the forthcoming budget to allow projects, such as sheltered housing and group housing schemes, in the four regeneration areas.

The time for talking is over. We hear repeatedly from various Ministers that the matter is being looked at. People in Limerick were unaware that the plan has not yet been approved by the Cabinet. This is not good enough. This is a question of political will. Either the Government has the will to push forward regeneration in Limerick or it has not. Without the facility to carry the project to the design stage, the Limerick regeneration project will stall. This will not be the responsibility of the people of Limerick but of the Government.

I have three questions for the Minister of State. First, on what date will the draft master plan come before Cabinet for formal approval and be adopted as Government policy, showing true commitment by the Government? Second, when will the €1 million funding be provided to allow the planning and design stage to proceed? Only then can the project deal with the local authorities with regard to planning and design. People will then realise that the regeneration project is fully under way. Third, there must be a Government commitment that funding, in excess of what was provided in the last year, will be provided in the forthcoming budget for regeneration in Limerick. We are now approaching the construction phase in terms of housing in the regeneration project areas.

People in the regeneration areas want to live in those areas. They are entitled to do so and to have houses and health and education services of a good standard. The Government sold them a pipe-dream amid fanfare but it has not backed it up with resources or commitment. The regeneration project is still not formal Government policy.

I want the Minister of State, Deputy Finneran, to give good news to the people of the regeneration areas and to Limerick. We want to see this plan adopted now.

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran)

I thank the Deputies for raising this item as it affords me an opportunity once again to confirm the Government's commitment to the regeneration of the most disadvantaged areas of Limerick city, to the communities living there, and to the ongoing viability of the city as a gateway for the mid-west. I also acknowledge the involvement of the Minister for Defence, Deputy Willie O'Dea, who met with me and with officials in July and again this week.

Under our national housing policy statement, Delivering Homes: Sustaining Communities, we strive to create and support sustainable communities. Our approach to regeneration is not just about investing in the built environment, as Deputy O'Sullivan mentioned, although this is undoubtedly an important element in the regeneration process. Rather we take a holistic approach that seeks to address the underlying causes of such social, economic, and educational disadvantage by investing in social inclusion activities, providing educational opportunities and by ensuring strong links with the business community. In short, by integrating these areas into the wider community and by offering all of the social supports necessary for the communities there, we hope to achieve stable, sustainable communities where previously there was only isolation, hardship and disadvantage.

From the outset, my Department has recognised the Limerick Regeneration Agencies', LRA, sterling work in delivering two regeneration vision plans, developing a strong framework for inter-agency and community collaboration and providing the flexible LRA regeneration programme, which proposes a road map for a new Limerick over the next decade. As is widely acknowledged, this programme will require significant investment of time and resources from public and private stakeholders in delivering the mixed use, mixed tenure sustainable communities envisaged over the period of implementation for the project.

My Department is now finalising its consideration of the proposals in the regeneration programme with a view to its formal presentation to Government this autumn, with associated implementation plans. Other Departments and State agencies, through their involvement on the boards of the agencies, have also been considering the LRA regeneration programme and further engagement in regard to social regeneration is taking place as part of a high level initiative with relevant Secretaries General and heads of key agencies.

With regard to funding in 2009, my Department is providing almost €26 million to support regeneration activity for the Limerick regeneration areas. An agreed 2009 joint works programme is underway through the agencies, Limerick City and County Councils and Clare County Council. This funding includes the specific budget allocation of €8.25 million to cover the agencies' specific costs and projects. The works programme supports the relocation programme for households within and outside the regeneration areas, both in terms of improving community stability and facilitating construction works, as well as proceeding with the extensive planned demolitions. The investment in social inclusion initiatives in the areas has been significantly increased in 2009. In addition, funding has been provided for the continuation of estate improvement works, including wide-scale clean-ups in the areas concerned and specific safety initiatives and community intervention projects. A project team led by the agencies has been established to deliver detailed plans for two new sheltered housing projects in Moyross and Ballinacurra Weston. Some €1.5 million is set aside to meet these design costs and it is intended that priority projects in the Southill and St. Mary's Park areas will be added to the project team's remit. On my visit to Limerick earlier this year, I sanctioned those two projects and they are now at design stage.

Against that background, I can assure the House that significant funding for the regeneration will continue to be provided through my Department in 2010. The priorities involved are due to be reviewed as part of the respective October housing action plan meetings between my Department, Limerick City and County Councils, Clare County Council and the Limerick Regeneration Agencies. The funding allocations will be determined in light of these forthcoming meetings, wider Government decisions, the 2010 Estimates process and the level of support available from other key public and private stakeholders.

With regard to previous investment, the House may wish to note that in addition to the €26 million being provided this year, my Department also provided some €30 million to support the regeneration programme over the two preceding years. This funding was provided to both the Limerick Regeneration Agencies and Limerick City Council and has supported the establishment and operation of the Limerick Regeneration Agencies, the demolition of some 350 void properties, extensive estate clean-ups, CCTV camera installation, environmental works, support for the local communities through educational and social initiatives, investment in key community facilities like the Galvone youth centre and the development of the vision plans and masterplans.

As Deputies will be aware, the broader economic and employment situation in Limerick and the mid-west region is under consideration in light of the interim report of the mid-west task force. The Tánaiste and Minister for Enterprise, Trade and Employment published the report on 28 July 2009 and the Government is engaging in a cross-departmental consultation process to evaluate and consider the implementation of the report's recommendations, including those relating to the Limerick regeneration programme.

I would also like to mention the involvement of other Departments, statutory agencies and key stakeholders in the regeneration process. Joined-up approaches to regeneration are critical as we aim to achieve greater value for money and deliver more co-ordinated, coherent services for local communities in a period of more constrained public finances. I thank the Deputies for raising this issue and I reiterate my and the Government's commitment to supporting the regeneration of Limerick city in 2009 and onwards.

Dáil Éireann debate - Wednesday, 23 Sep 2009