08/05/09

To ask the Minister for Health and Children if she will renew the bilateral adoption agreement between Ireland and Vietnam before the Adoption Bill 2009 is passed; the position regarding inter-country adoption, in particular such adoptions between Ireland and Vietnam; the status of the agreement between the two countries; the status of persons who had been on the list of adoption before the initial agreement was terminated; the position in this matter; and if she will make a statement on the matter

REPLY

Work in relation to the bi-lateral agreement with Vietnam has been ongoing for over 14 months. During this period, there have been three visits to Vietnam, including the most recent visit to discuss the draft text of an agreement.

The Deputy will be aware that Ireland offered to provide the Vietnamese Authorities with the text of a draft agreement as a basis for negotiations. A draft Bi-lateral Agreement for Inter-country Adoption was delivered on 6 March, 2009, through the Department of Foreign Affairs, to the Vietnamese Authorities for their consideration. On 2 April, 2009, the Vietnamese Government invited a delegation from Ireland to visit Vietnam to discuss the provisions of the draft Bi-Lateral Agreement provided. An Irish delegation travelled to Hanoi on the week commencing on 20 April, 2009 - the earliest opportunity provided to meet with the relevant Vietnamese Ministries - for an intensive round of discussions on this draft Bi-lateral Agreement.

The delegation was led by the Office of the Minister for Children and was assisted in discussions by the Adoption Board. Discussions were facilitated and guided locally by the Irish Embassy in Hanoi. The meetings were progressive but there are a number of residual issues and discussions on these issues are ongoing.

I would like to again reiterate my personal commitment, and the commitment of the Government, to continue with these discussions with a view to bringing them to a conclusion at the earliest possible date. It is anticipated that further proposals to advance the discussions will be made to the Socialist Republic of Vietnam in the coming week. It is also anticipated that the Vietnamese side will revert with proposals on their part shortly.

I do not wish to speculate on the timeframe or the outcome for these negotiations as this is genuinely difficult to determine. What I can say is that efforts on the Irish side are intensive and will continue in the coming weeks. I can also say that there has been a high level of engagement on both sides. It is clear from progress so far that there is a willingness on both sides to bring these matters to a successful conclusion if at all possible.

The need for a further visit will be guided by the developments in the coming days and weeks. I am committed to travelling to Vietnam at any time to facilitate the successful conclusion of these discussions as and when appropriate.

One matter that has emerged in the public comment is whether the provision of post-adoption reports is an issue. Such speculation is unfounded. The Helping Hands Mediation Agency (HHMA) received an award from the International Adoption Department in Vietnam for providing detailed post-adoption reports and has been complimented on several occasions for having an excellent system in place to ensure that all reports are returned to Vietnam on time. This is an example of where speculation on either the nature of the issues or the degree of progress being made is unhelpful and could compromise the outcome of discussions. It may also prove misleading and distressing to those applicants currently waiting to adopt.

The Adoption Board has advised that the situation in relation to adoptions and applicants is as follows:

all adoptions from Vietnam, which have been registered on the Register of Foreign Adoptions, are safe and secure;

all applicants who have adopted children from Vietnam and returned to Ireland but as yet, have no entry in the Register of Foreign Adoptions will be registered subject to the usual statutory requirements;

applicants who have referrals in respect of children from Vietnam will be allowed to complete their adoption;

there will be no new referrals from May 1st, 2009, and the process of granting Declarations (which are not country specific) is not affected by the ending of the Bilateral Agreement with Vietnam.

Finally, Ireland has a long and positive relationship with Vietnam, but I must also emphasise the need to respect the authority of that jurisdiction, having regard to the sensitive nature of discussions regarding inter-country adoption.

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