Dáil Éireann Debate, Tuesday - 1 December 2015
375. Deputy Michelle Mulherin asked the Minister for Children and Youth Affairs the safeguards in place to protect the deposits paid by clients to adoption agencies, such as the Arc Adoption agency; if these safeguards offer adequate protection; and if he will make a statement on the matter. [42896/15]
View answer376. Deputy Michelle Mulherin asked the Minister for Children and Youth Affairs the assistance he is providing to clients who are seeking the return of deposits and registration fees paid to the Arc Adoption agency, which is in the process of winding down; and if he will make a statement on the matter. [42897/15]
View answerI propose to take Questions Nos. 375 and 376 together.
Arc Adoption is a company limited by guarantee, not having a share capital and operates on a “not-for-profit basis”. I am aware that there is an issue regarding the repayment to clients of refundable registration fees they are owed by Arc Adoption. These fees were paid as part of an agreement between Arc Adoption and its clients. My Department was not party to this agreement and therefore has no legal responsibility for repayment of these fees. While my Department made a once off payment of €10,000 to assist the Arc Adoption in repaying clients that were due their refundable registration fees in July 2014, repayment of these fees and any other legacy debts are clearly a matter for the Board of Arc Adoption. Despite this, my Department indicated to Arc Adoption last December that I was willing to examine the question of legacy debt relating to refundable registration fees.
This is a complex matter as it gives rise to a number of issues, some of which are legal issues. In this regard my Department has sought formal legal advice and we hope to reach a conclusion on the matter as soon as possible.
