Dáil Éireann debate -
Thursday, 19 Dec 2013

Vol. 825 No. 3

Adoption (Amendment) Bill 2013: Second and Subsequent Stages

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald)

I move: "That the Bill be now read a Second Time."

I thank Deputies from across the House for facilitating the taking of the Bill. The Bill addresses inter-country adoption and specifically the concerns of some people who have been unable to continue with the process of adopting a child from Russia because of an amendment to Russian adoption legislation which took effect earlier this year.

The Adoption Act 2010 provides, inter alia, for inter-country adoptions between states that have ratified the Hague Convention on the Protection of Children and Co-operation in respect of Intercountry Adoption. Ireland ratified the Hague Convention on 1 November 2010. While Russia has been a signatory to the Hague Convention since 1992, it has not ratified the Hague Convention. During the drafting of the 2010 Act, transitional measures were put in place to deal with the change from previous adoption legislation to the new 2010 Act. This measure, provided for in section 63 of the 2010 Act, allowed persons who held a valid declaration of eligibility and suitability before the commencement of the 2010 Act to continue the process of adoption from a non-Hague state for a maximum period of three years. Such applicants were thus afforded an additional three-year period to complete adoptions from non-Hague countries. The vast majority of adoptions that took place in Ireland were from non-Hague countries, particularly Russia and Ethiopia. They were required to have completed the process by 31 October 2013. By their nature, transitional provisions are time-limited and the Oireachtas considered that three years was a reasonable period of time to finalise an adoption that had been under way when the 2010 Act came into force.

Deputies have been in contact with me about a particular difficulty that has arisen with the expiry of the transitional provision provided for in section 63 of the 2010 Act in that a small number of people in the State could not finalise adoptions in Russia before their existing declarations of eligibility and suitability expired. Without a valid declaration, the adoption of a child cannot proceed. The situation arose this year because of an unexpected change in Russian adoption legislation, which extended the period that a child in Russia must be on the national adoption database before that child is eligible for inter-country adoption from six months to 12 months. One assumes that implementation of the subsidiarity principle was the underlying reason for the change in Russian adoption legislation. A core principle of the Hague Convention is the need to place a child within his or her family, community or country before the option of inter-country adoption is considered.

Since the amendment to Russian legislation and the ensuing consequences for a number of Irish people involved in the adoption process in Russia were brought to my attention, I have pursued extensive diplomatic efforts to endeavour to resolve the situation.

Applicants from other countries have also been affected and it was hoped it would be possible to achieve an administrative or legislative solution in Russia. However, despite my best efforts and those of my colleagues, it has not been possible to satisfactorily resolve the issue and the matter has now become urgent for those people whose declarations of eligibility and suitability expired on 31 October 2013 and who wish to finalise an adoption in Russia as a matter of urgency. The adoption of a child is always about the best interests of the child and nobody is by default entitled to adopt. As I have stated, the adoption of a child in Russia cannot proceed without a valid declaration.

In order to resolve this matter, I am today proposing that an amendment to the 2010 Act be made to extend the period of validity of a declaration of eligibility and suitability to allow those affected by the change in Russian legislation additional time to complete their adoptions. I propose to confine the amendment to persons who on 31 October 2013 held declarations of eligibility and suitability specific to the Russian Federation. The Adoption Authority of Ireland has informed my Department that 23 prospective adoptive parents held declarations of eligibility and suitability valid for adoption from the Russian Federation on 31 October 2013. I propose in this legislation that the period of validity of these declarations be extended to 31 October 2014. As I have stated, the proposed amendment to the 2010 Act is limited to declarations in respect of the Russian Federation and in all the circumstances I believe this is a necessary and appropriate amendment.

I thank my staff and those in the Office of the Attorney General for their advice on the Bill. Throughout the process of preparing this legislation my Department has been mindful of the State's obligations under the Hague Convention and our commitment to adhering to the standards of the convention. The Adoption Authority of Ireland does this on an ongoing basis. Implementation of the Adoption Act 2010 is evidence of the State's dedication to these standards and I reiterate Ireland's commitment to the Hague Convention. Implementation of the 2010 Act has meant that Ireland is in a better position to deal with the many complex issues that arise in intercountry adoptions. Deputies are aware of the many complex issues which have arisen since we passed that legislation, including the role of bilateral agreements which are extremely difficult to formalise and complete. Membership of the Hague Convention is a mechanism for improving standards and the State wants to ensure child-centred adoption is at the core of all the elements of the adoption process. We want to ensure the State continues to adhere to high standards in the adoption process.

I will now turn to the provisions of the Bill. Section 1 provides that a declaration of eligibility and suitability in respect of the Russian Federation issued to a prospective adoptive parent and which was valid on 31 October 2013 shall be extended from that date for a period of one year and shall expire on 31 October 2014. The section provides that any such declaration extended under this proposed legislation shall not be amended to specify any state other than the Russian Federation as the state to which the declaration applies.

Section 2 provides for the Short Title and citation. I have brought this amending Bill forward as a matter of urgency. I thank Deputies for their co-operation and commend the Bill to the House. I look forward to hearing the views of Deputies on the proposed legislation.

Deputy Robert Troy

It is very much to be welcomed that we are here to debate this important legislation. In bringing forward this amending Bill the Minister and the Government are acting in a humane and compassionate manner. The legislation will not dilute or relax rules for intercountry adoptions. As the Minister has indicated, the adoption must always be in the best interests of the child, the paramount consideration and concern. The Bill addresses a particular issue that has arisen because of changes made by the Russian authorities earlier in the year.

The only difficulty I have is the length of time it took to get us where we are. This is an extremely short and a technical Bill, but the approximately 23 families affected had to endure four to six months of unnecessary worry and anxiety as they wondered when and if this necessary amendment would be brought before the House. They had to engage in a high-level lobbying campaign which culminated in a particular family giving up its privacy by going on "Prime Time" and doing interviews with many media outlets, including the Sunday Independent. They did this to try to ensure pressure could be brought to bear and this amending legislation would be brought before the House. I take the opportunity to praise, in particular, the Fennessy family which led the charge. I know many other families were particularly grateful for the proactive role played by the people concerned. I wonder why this could not have happened many months ago as it would have removed much unnecessary worry and anxiety for the families affected.

The Minister has outlined the background to the need for this legislation - the Russian authorities changed the criteria. In June this year the Minister indicated an intention to broaden legislation on adoption as she believed it was quite conservative in nature. I would have thought, having had additional time to bring forward this legislation, she would have used the opportunity to outline her intentions in this regard. I reiterate my opinion expressed at the time - I am opposed to the relaxing of standards. When the 2010 Act was framed, the intention was to achieve acceptable international standards under the Hague Convention. We are all aware that in previous decades nothing was done and adoptions were unregulated. That led to abuse on a large scale and resulted in a need for adoption and tracing legislation. I know the Minister is working on this issue, but it is critical that the adoption and tracing legislation be brought before the House. That would afford adopted citizens a basic right - to know their identity. That legislation should be prioritised early in the new year.

I welcome this legislation, for which we called and which we are happy to support, although it has taken too long to bring it here. It is a good news story and I know many families will now have a much more enjoyable Christmas knowing this legislation has passed through the House. The level of anxiety they have had to endure for a number of months has been lessened.

Deputy Caoimhghín Ó Caoláin

I wish to share time with Deputy Sandra McLellan.

An Ceann Comhairle

Is that agreed? Agreed.

Deputy Caoimhghín Ó Caoláin

I understand the complexities of this issue and welcome the timely introduction of the Adoption (Amendment) Bill 2013, the purpose of which is to extend the period of currency of declarations of eligibility and suitability which apply to the Russian Federation by one year to 31 October 2014 for those prospective adoptive parents who held such declarations on 31 October last. I hope it will restore the necessary opportunity for the small number of prospective adoptive parents affected by the heart-breaking consequences of the changes in Russian law which are the backdrop to the problem.

As soon as those circumstances became apparent, a concerted campaign was launched by the individuals affected and the Russian Irish Adoption Group, RIAG, to explore all possible avenues for a resolution. I commend them on their efforts. We have all been engaged with by RIAG and the prospective adoptive parents, who have done a very solid job.

The efforts of the Minister and her Department involved high level discussions with the Russian authorities. The Departments responsible for education and foreign affairs engaged in an effort to address what was, in essence, an impasse. Changes to Russian family code laws, which came into effect in Russia on 3 July last had, along with existing Irish legislation, serious implications for a number of prospective adopters in Ireland. These changes related to the period a child must spend on the federal registry in Russia before becoming available for foreign adoption. While the deadline of 31 October loomed for many prospective adopters with pre-2010 declarations, a small number of prospective adopters who had intended having their adoptions completed by this deadline were clearly unable to do so. This was through no fault of their own, nor was it the intention of the authorities here. It was quite clearly a result of unexpected changes in Russian family law.

I have referred to some of the affected people. I acknowledge not only the contribution of RIAG but also that of Pamela, Lisa and others whose names I cannot cite off the top of my head. Those individuals with whom I have been in direct contact were very far down the road to adoption and have already been to Russia. They have met and formed a bond with the children they plan to adopt. Their circumstances touched the heartstrings of every one of us. Those of us who are parents can very well appreciate the circumstances in which these people found themselves. We were touched by the human and personal stories involved and we recognised how emotive the process was, particularly for the prospective parents, who at all times presented their case in a very honest and heartfelt way. It is because of their approach, persistence and tenacity that they were in a position to win our collective support in the Houses of the Oireachtas. I am glad that it is with this legislation that we are concluding our work in advance of the Christmas break. I refer to the making of this critical amendment that allows prospective adoptive parents from Ireland to proceed to complete, within the next ten months, the adoptions they have been looking forward to so very much.

The amendment to the Adoption Act 2010 will give more time to finalise adoptions that are already in progress. I commend the Minister. I welcome her approach to this matter. From meetings I have had with her on this matter, I acknowledge she shared our commitment to finding a resolution that would meet the needs of the Irish prospective adoptive parents. I ask the Minister to keep this matter under constant review to ensure possible outcomes are realised for all of the prospective parents involved. From the Minister's introductory remarks, I note there are in the order of 23 prospective parents. I did not realise there were so many. The number in my mind was somewhat lower. I wish all 23 prospective parents every success and hope this is a very happy Christmas for them.

Deputy Sandra McLellan

I am pleased to have the opportunity to speak on this legislation, which is a positive step. We are happy to facilitate its passage. We are all familiar with the background to it. It has been discussed on numerous occasions with the Minister, in both the Dáil and Joint Committee on Health and Children. The change to the Russian family code came into effect on 3 July last. The effect of the change, when taken with existing Irish legislation, related to the period for which a child must remain on the federal register in Russia before becoming available for foreign adoption. Clearly, this created great concern among the families seeking to adopt from the Russian Federation. Those with great hopes of starting a family or adding to their family the great blessing of a new child were put under risk. Many of us were lobbied by the families affected, whom I know were distressed and concerned.

I commend the Russian Irish Adoption Group, which lobbied intensively to ensure the issue became known and discussed at political level and to seek a solution to this difficulty. There were considerable discussions with the Russian authorities in this regard in order to see a resolution. I commend those concerned on their efforts.

It is a welcome step that the Minister has taken, and I am glad she has listened to the concerns expressed by the ordinary families and Members. The purpose of the Adoption (Amendment) Bill 2013 is to extend the period of declarations of eligibility and suitability that apply to the Russian Federation for one year to 31 October 2014 for those prospective adoptive parents who held such declarations on 31 October 2013.

Adoption has the potential to transform the lives of both the adoptive parents and the child. It is essential that the highest standards are observed in adoption procedures and that there be full compliance with international best practice, both in terms of approving adoptive parents and ensuring the standards in the country of the adoptee are appropriate and in line with human rights norms. It is wonderful to be able to offer a child the opportunity to find a new family to grow up with, to be cared for and to be looked after. Similarly, for adoptive parents, it is extraordinarily wonderful to be able to see and start a family, particularly where it might not otherwise have been possible. Adoption, with the appropriate safeguards, can be life changing. That is why it would be tragic for the adoptions of the families in question to fall through. I commend the Minister on dealing with this to the greatest extent.

However, as Deputy Ó Caoláin pointed out, a small number of prospective adoptees may yet be disadvantaged. I ask the Minister to consider this. While there was a deadline of 31 October for many prospective adopters with pre-2010 declarations, a small number of prospective adopters who had intended having their adoptions completed by this deadline are in a difficult position. They will no longer be able to complete their adoptions in the required timeframe through no fault of their own but as a result of the unexpected changes in Russian family law. This is not resolved by this Bill. I am aware that many of the families have got to know the children in question. They have been to Russia and they are practically families.

Irrespective of the size of the categories of affected families, it would be tragic if the adoptions in question were not to happen. One should place oneself in the position of a small Russian girl or boy who has been so much looking forward to life with a new family, or in the position of a couple seeking to start a family. It would be awful if their hopes were dashed.

What is required is an amendment to the 2010 Act to allow for adoptions already in train to be finalised. I implore the Minister to consider this. That point aside, the Bill is welcome. We support it and wish all the families who can complete their adoptions very happy lives with their new children.

Deputy Clare Daly

I am sharing my time with Deputy Finian McGrath.

I appreciate the Minister's motivation in introducing the legislation. I pass no judgment on the families concerned but believe the legislation raises a number of ethical issues and issues of social policy that I would like to explore briefly. All Deputies know people who may not be able to have children or who have no children of their own who would desperately like to give a loving home to a child and to be a good adoptive parent. We hear that view many times. I appreciate the views of and know people in these circumstances.

We must, above all, look at this from the viewpoint of the child, not the prospective parent. Adoption should be about providing homes for children and not providing children for parents. To be quite honest, the international adoption market - and I do not use that word lightly - has become a vehicle for providing children to parents. In essence, there are unscrupulous characters out there who are exploiting the desperation of genuine people who want to have and raise a child of their own, and they are profiting from that desperation to the detriment of the natural parents and, more importantly, the children involved. Too often in this country we focus on the interests of adopted parents in Ireland and not enough on the children who are being taken from their own countries. Again, I stress that I am not saying this in a derogatory manner about the couples involved in this scenario. However, we must ask whether we will continue to change the law and write amendments for other groups of people who want to adopt from non-Hague countries. It took us long enough to sign up to the Hague Convention to begin with. What is the point in signing up to that convention if we are going to continue to make exceptions? We must be very careful in that regard. It took us almost 17 years to ratify the agreement in the first instance. We were one of the last significant receiving countries to do so. The ratification of the Hague Convention by certain countries has meant that the figures for potential adoptive children have plummeted. That was the experience in China, where the number of children available for adoption dropped dramatically after it signed the convention. Why is that the case? Obviously some children were never really legitimately available for adoption. There were other interests at play. Stricter regulation is critical in this regard.

There was a justifiable outcry about the fact that thousands of Irish children were exported from Ireland, sometimes illegally, in the 1950s and 1960s and ended up in the US. The children we are talking about now in some other countries are the equivalent of those Irish children of past generations. We would have wanted other people to stand up for the rights of those Irish children, and we must stand up for the rights of others now. Quite often it is the social conditions in countries that fuel illegal adoptions. In Ireland, for example, 97% of children born to non-marital parents used to be adopted, but when the lone parent allowance was introduced in 1972 the situation normalised completely. There are very worrying trends emerging in countries such as America, where people are unscrupulously adopting children through the international adoption scene, which is quite unregulated. Loopholes are being exploited and tens of thousands of children are being brought to America for adoption but are not ending up in the homes of the people who wanted to adopt them. Some of the families involved are not being checked out properly either. There is a distinct lack of regulation in the area and links to people-trafficking cannot be ignored. There is much testimony from children in countries such as Ethiopia who were living with their parents when unscrupulous rogue adoption agents came to their villages and conned their parents into believing that their children would be educated in the West that the children were adopted unlawfully. We must be very careful here.

Fair dues to the Minister, who has rushed through this legislation on the last sitting day of the year, but what about all those people who are waiting to claim their identity from Ireland? Time is not on their side either. That issue must be addressed. If we are widening the market for prospective adoptive parents, we must be very careful about the regulations and must ensure that everything is done in the best interests of the child. There is an imbalance, in an Irish context, when we discuss these issues, which is why I am making this point now. I am not opposing the legislation, but we must be very careful. The Deputies who are strongly lobbying on this issue must be particularly careful, in my opinion.

Deputy Finian McGrath

I am grateful for the opportunity to speak on the Adoption (Amendment) Bill 2013. I welcome the Bill and thank the Minister for dealing with this in a very serious manner. I raised this matter with the Minister on 3 December and I welcome her response today. The Bill is about ensuring justice and fairness for these children and their families. They need safeguards, protection and stability. Up to today, these families were living through a nightmare through no fault of their own. The Russian adoptions they were in the process of completing before the deadline of 31 October were stopped in their tracks due to a change in the law in Russia. Since then, these families have been doing everything in their power to raise awareness of their plight and have called on the Minister to intervene on their behalf to come to a resolution. They were extremely worried that the children they wanted to adopt would no longer be available. They were very worried and upset, particularly in the lead-up to Christmas. The Bill before us on this last sitting day must be supported because it will have an immediate impact on the lives of these families. All Members of this House should support this legislation, which resolves a personal crisis and protects the rights of families.

In debates such as this we must always focus on the best interests of the child. In that context, I commend and thank all adoptive parents for the massive contribution they have made to their children and to the stability of families. We must also pay tribute to the magnificent work of foster parents, who make a huge contribution to the welfare of children in this State. Foster families have rescued many children from crisis situations and dysfunctional families. Children, society and the State benefit from the work of adoptive and foster parents. Adoptive and foster families really are doing the State some service. I have first-hand experience of both adoption and fostering in my immediate family and I have seen the massive contribution that has made to society. I wish to pay particular tribute to the adoptive and foster parents of children with disabilities.

I agree with Deputy Daly's point about the need to monitor adoption regulations and to focus always on the rights of the child. We must be conscious of the fact that unscrupulous people are operating in this area. Regulation and proper safeguards are vital in that context. Legislation such as this should always be child-centred and should focus on the rights of children. Many children are being exploited throughout the world and we must remember that.

The purpose of the Bill is to extend the period of declarations of eligibility and suitability which apply to the Russian Federation for one year to 31 October 2014 for those prospective adoptive parents who held such declarations on 31 October 2013. Section 1 of the Bill provides that a declaration of eligibility and suitability in respect of the Russian Federation that had been issued to a prospective adoptive parent and which was valid on 31 October 2013 shall be extended for a period of one year and shall expire on 31 October 2014. The section provides that any such declaration that has been extended shall not be amended to specify any state other than the Russian Federation as the state to which the declaration applies. That is what this Bill is about and it is important to know the details. However, while looking at the nuts and bolts of the legislation, we must focus on couples who want to amend the Act so that they have the extra year to complete the process. That is the key issue in this legislation. As colleagues have mentioned, several Irish couples have come forward to outline the problem they faced in this regard.

The Adoption Act 2010 provides for adoptions from countries that have ratified the Hague Convention or countries with which we have a bilateral adoption agreement. I strongly support that position. This legislation is about assisting and protecting children and families. It is also about giving children the chance of a good, stable, warm and bright future.

I thank and commend the Minister, Deputy Frances Fitzgerald, for listening to the voices of the parents and urge everybody to support the legislation.

Deputy John Deasy

I thank the Minister and her officials for their work. I have a number of constituents who have been affected by the Russian authorities amending their adoption legislation to include a provision requiring a child to be in the national adoption database for 12 months in advance of being placed in an international adoption database. I accept the comments made by the Minister on this being good practice, but it has put people trying to adopt in a very difficult position. The change meant they were unable to complete their adoptions before 31 October 2013.

In recent months the Minister and her departmental officials have spent a great deal of time trying to find a solution to compensate for the change in Russian law. We hope the solution will be achieved with the passage of the Bill. By all accounts, there is a need to amend the Adoption Act 2010 by amending the existing transitional provision in section 63 to allow those with declarations of eligibility and suitability to adopt from Russia. The granting of an additional year to do so will sort out the problem. My understanding is that any applicant who held a valid declaration of eligibility prior to the commencement of the Adoption Act 2010 and who also held a valid declaration of eligibility and suitability for Russia on 31 October this year will be eligible for an extension of the declaration of eligibility and suitability, with the adoption to be completed by 31 October 2014. I, again, thank the Minister and her officials for their work in devising a solution to the problem for the families involved.

Deputy Ciara Conway

Perhaps the time I have is a little Christmas present from my constituency colleague, Deputy John Deasy.

I thank the Minister and her officials for bringing the Bill before the House. Like Deputy John Deasy, I have a number of constituents who have been impacted on by the change in the legislation.

I am interested in the issue of foreign adoptions, about which I have spoken in the House previously. I have followed the debate with interest. Deputy Robert Troy spoke about his concern in terms of the time it has taken to complete the process. Deputy Clare Daly referred to the scrutiny in which we must engage in international adoptions. If we get it right, no period of time is too long. I think we have achieved this, which is important.

I understand families were under pressure and that it is an emotive issue. What we are really talking about is safeguarding children’s rights. What happened was due to a change in foreign policy by the Russian Government, which is trying to promote the adoption of Russian children within Russia. It is perfectly entitled to do this. What happened was that some Irish parents were caught in the cross-fire. I am pleased that the parents with declarations will now have the additional time they require to adopt their children.

It took us many years to sign the Hague Convention, which is important in protecting children, not just in the adoption process. It also comes into play in the case of a contentious marriage or relationship break-up when children are taken out of the country by one or other of the partners. It is an important international document which safeguards the rights of children.

Foreign adoption is a difficult and loaded subject and I speak from personal experience. I have a sister who is now 22 years old who was originally adopted from Romania in the 1990s. It is an emotive issue both for my sister’s family who live in Romania and my family who live in Waterford. We are cognisant of how lucky we are to have her living with us and the sacrifices her family made. Our laws must be reflective of the situation and ensure it is always the rights of the child that are considered, not the rights of the parents.

I commend the Minister. We have got the balance right in the Bill. It is both a humanitarian approach and good law, which is important. On the previous occasion when we had a considered debate on international adoption in this House, it was focused on Vietnam. I accept that I am straying a little, but I would be grateful if the Minister indicated whether there was any progress in that regard. We have a bilateral agreement with Vietnam. Other families are also waiting in hope of establishing a family and it would be wonderful if the Minister had some news in that regard.

I thank the parents who took the brave decision to engage in foreign adoptions. It is not easy to go through the process. When they met difficulty, they took it upon themselves to lobby and engage with us. It is a good example of how politics can work. I thank the Minister for her approach and I am delighted to say I support the Bill. We will make Christmas very happy for some families in Ireland.

Deputy Gerald Nash

I agree wholeheartedly with the sentiments expressed by my colleague, Deputy Ciara Conway. I have been in regular contact with one of the families affected by this issue and I am very much aware of the distress the uncertainty has caused. It is difficult to imagine a more upsetting scenario than a family waiting to hear whether they can proceed with a planned adoption of a child with whom they have already bonded, as is the case in the set of circumstances with which I am familiar.

I am grateful to the Minister, her staff and advisers and the offices of the Tánaiste and the Attorney General for the time and effort they have dedicated to this sensitive issue in recent months. I raised the matter on a regular basis and everyone who was involved shared my concerns on a humanitarian level and worked extremely hard to address it. It was not easy to draw up the legislation. It required a delicate balancing act as there were many sensitivities at play. We needed to be conscious that whatever amendment we proposed would not jeopardise adoptions from other countries. Drawing up such legislation is difficult at any time, but it is especially so when one is up against a deadline set by a third party, not by the Legislature. It is doubly difficult when one has so many human concerns at play. What the Minister and her staff have achieved is impressive. I congratulate them on bringing the Bill to the House and I am delighted to support it. Without being too pithy; it is, in many ways, an early Christmas present for the families involved.

Deputy John Paul Phelan

I add my voice to those of other speakers on the legislation. In particular, I thank the Minister, staff in her office and officials in her Department for introducing it. Until recently I understood 19 families were affected, but now I believe the number is 23.

Adoption is an emotive and emotional subject. I remember the time when I first spoke on it ten or 12 years ago in the other House when I had come into contact with the stories of families seeking to adopt. It brought home to me the issues involved. I commend the Minister and her officials, in particular, because the legislation was not easy to draft owing to the possibility of unforeseen knock-on effects in other areas. It was difficult drafting work and I commend the officials in the Department who have brought about a resolution for the 23 families involved who, through no fault of their own, found themselves in a difficult position.

Now they will have the time to complete their adoptions extended by 12 months. As Deputy Conway said earlier, it is a humane solution to a difficult situation for those families affected. I thank the Minister for Children and Youth Affairs and her officials for the speedy nature in which they drafted the legislation and provided a solution for those families caught up in this terrible situation.

Deputy Caoimhghín Ó Caoláin

On a point of clarification-----

An Ceann Comhairle

Yes, although there is no such thing as a point of clarification, by the way.

Deputy Finian McGrath

I was going to point that out too.

An Ceann Comhairle

Deputies cannot speak twice on Second Stage. What point does Deputy Ó Caoláin want to raise?

Deputy Caoimhghín Ó Caoláin

I understand that. I just want to clarify something. My colleague, Deputy McLellan, wanted to record that the closing remarks in her contribution were from an earlier speaking note on this subject, previously addressed. It confused me and it confused others. On both our behalfs we want to have the record corrected. The Deputy has joined me in welcoming the effort 100%, and that is where our support lies.

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald)

I thank all Deputies who have contributed to this debate. I also thank all Members who have received representations on this issue and conveyed these concerns to me in a detailed way over the past few months.

I prefer to be here introducing legislation we can stand over rather than making promises at an earlier stage. Quite a detailed examination was necessary to make this change to the legislation. Drafting legislation sometimes looks simpler than it actually is. When one goes into the background to changes involved in this Bill, however, one can see there are quite a number of issues to be examined. Ireland has signed the Hague Convention, so consideration had to be given to our obligations under the convention in this legislation.

Deputy Ó Caoláin and others spoke about the life-changing experience of adoption and the potentially heartbreaking consequences when it does not quite work out. There have been dramatic changes to the nature of adoption in Ireland in recent years. Between 2004 and 2010, there were 920 adoptions from Russia to Ireland. Based on my contact with the Russian-Irish adoption support groups, the Russian authorities, families and the children, these adoptions seem to be very successful. However, our signing of the Hague Convention created problems for many families adopting from Russia, Ethiopia and other non-Hague signatories.

There is an irony that those children most in need of adoption are often in countries that may not have a central adoption authority, where systems are poor and it is difficult to arrange an adoption. Many of these children are in institutions such as orphanages in which they have no contact with their families. Yet when we demand certain standards and procedures - rightly so - these children do not become available for adoption. I understand Deputy Clare Daly’s point about the potential risks faced by children in vulnerable situations. We have to be careful too that obstacles are not put in the way of achieving what is in the best interests of these children so that they are prevented from getting a second chance of having a family. We must work on our bilateral arrangements and international relations to ensure children in such circumstances get a second opportunity while, equally, being aware of the potential for trafficking and inappropriate placements. That is why the standards of the Hague Convention are so important - because they are about free and informed consent, as well as subsidiarity.

Many countries continue to work on adoptions with countries that have not signed up to the Hague Convention but apply Hague standards. I must point out that it is difficult to negotiate a bilateral arrangement with Haiti, Russia or Ethiopia. Yet in these countries there are many children who need to be given a second opportunity in their best interests. We have kept the Hague secretariat informed of our developments in this regard. We are continuing to have discussions about how the international instruments can be applied and how we can maintain high standards. It is about the children. No one has the automatic right to adopt. Everyone has to go through an adoption procedure. It is about what is best for the child.

I have worked closely with the advocacy groups, which have done great work in this area. I appreciate the uncertainty the families in question have experienced. In general, the adoption process can be very demanding on couples. We are trying to change the length of assessment for adoption.

Extensive diplomatic efforts were made by the Tánaiste and Minister for Foreign Affairs and Trade, as well as our ambassador in Russia, with Russian officials on resolving this issue. We tried to find some solution other than this change to our own legislation. However, it did not prove possible to do that. We also had to seek legal advice as to whether an amendment after 31 October could be applied retrospectively. Clearly, it can be. We had to make direct contact with the individuals concerned and get as much detail as possible. When one is dealing with the precise way in which other countries handle adoption, it can be difficult to get the level of detail required.

We have managed to draft amending legislation that respects our international obligations and deals with the families caught up in the changes introduced by Russia to its internal adoption legislation. Hopefully, this Bill will allow these families to conclude the adoptions they have started. When we were drafting this legislation - my officials, the Department and the Attorney General - our main thoughts were with those children in institutions who were available for adoption to Irish families. I thank Members for the care and concern they have taken on this issue, as well as the support they are offering this Bill.

Question put and agreed to.

Bill reported without amendment, received for final consideration and passed.