Written Answers. - Parliamentary Debates - Houses of the Oireachtas
Written Answers. - Parliamentary Debates - Houses of the Oireachtas
Written Answers. - Parliamentary Debates - Houses of the Oireachtas
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[Deputy Frances Fitzgerald.]<br />
Questions— 14 February 2012. <strong>Written</strong> <strong>Answers</strong><br />
The HSE was asked for an update on <strong>the</strong> position and has provided <strong>the</strong> following information<br />
in addition to that already provided:-<br />
The Report recommendation that a review <strong>of</strong> <strong>the</strong> effectiveness <strong>of</strong> <strong>the</strong> Home Management<br />
Services in respect <strong>of</strong> working with families where chronic neglect is an identified issue has<br />
been completed and a pilot project has been undertaken in South Roscommon looking at<br />
improving communications between Social Workers and o<strong>the</strong>r disciplines. This project is<br />
underway and is scheduled for review in May, 2012. The Sexual Abuse Treatment Unit established<br />
in Galway is due to be evaluated shortly by <strong>the</strong> HSE.<br />
Adoption Services<br />
104. Deputy Clare Daly asked <strong>the</strong> Minister for Children and Youth Affairs <strong>the</strong> measures she<br />
and <strong>the</strong> Adoption Authority <strong>of</strong> Ireland will take to define, investigate and remedy illegal Irish<br />
adoptions, both domestic and inter-country, in particular to ensure that adopted persons’ identities<br />
have not been erased or altered thus to make future searches for or by original families<br />
impossible. [8080/12]<br />
Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The question raised<br />
by <strong>the</strong> Deputy must be considered in <strong>the</strong> context <strong>of</strong> both current and historic adoptions.<br />
In relation to current adoption practice, with effect from 1 November 2010, intercountry<br />
adoptions can be effected with o<strong>the</strong>r countries which have ratified <strong>the</strong> Hague Convention or<br />
with countries with which Ireland has a bilateral agreement. The Hague Convention is a cooperative<br />
agreement drawn up to allow countries to mutually support one ano<strong>the</strong>r in protecting<br />
<strong>the</strong> best interests <strong>of</strong> children in <strong>the</strong> intercountry adoption process. It is designed in such a way<br />
as to allow for mirrored mechanisms and structures to mutually assure countries <strong>of</strong> <strong>the</strong> safety<br />
and standard <strong>of</strong> intercountry adoptions in those countries. The Adoption Authority <strong>of</strong> Ireland<br />
(AAI) performs <strong>the</strong> function <strong>of</strong> a Central Authority under <strong>the</strong> Adoption Act 2010, in accordance<br />
with <strong>the</strong> Convention. In choosing to deal primarily with Hague countries, <strong>the</strong> AAI has<br />
<strong>the</strong> mechanism to work collaboratively with equivalent structures in that country. Each Central<br />
Authority has <strong>the</strong> responsibility to oversee standards in respect <strong>of</strong> those parts <strong>of</strong> <strong>the</strong> process<br />
taking place within <strong>the</strong>ir respective jurisdictions. This mutual arrangement is designed to give<br />
<strong>the</strong> AAI, <strong>the</strong> Government and, most importantly, those involved in <strong>the</strong> adoption process assurance<br />
as to <strong>the</strong> standards being set and <strong>the</strong> oversight <strong>of</strong> <strong>the</strong> system.<br />
It is not realistic that <strong>the</strong> Government, or <strong>the</strong> AAI, could regulate activities relating to <strong>the</strong><br />
adoption process outside <strong>of</strong> <strong>the</strong>se State-to-State arrangements. Nor would it be possible for <strong>the</strong><br />
AAI to work on a case by case basis to oversee individual adoptions extra-jurisdictionally as<br />
<strong>the</strong>y are being effected. A system whereby <strong>the</strong> AAI considered whe<strong>the</strong>r adoptions are compliant<br />
with <strong>the</strong> required standards after <strong>the</strong>y have been effected would be unfair both to <strong>the</strong><br />
children and prospective adoptive parents involved. It leaves open <strong>the</strong> possibility <strong>of</strong> adoptions<br />
being unrecognised which is contrary to <strong>the</strong> best interests <strong>of</strong> <strong>the</strong> child. The role <strong>of</strong> <strong>the</strong> Central<br />
Authority in <strong>the</strong> sending country is <strong>the</strong>refore critical to <strong>the</strong> process <strong>of</strong> national assurance.<br />
The recent statements in <strong>the</strong> House on <strong>the</strong> issue <strong>of</strong> intercountry adoptions provided an<br />
opportunity for Deputies to raise a number <strong>of</strong> important issues around this issue. I found <strong>the</strong><br />
debate to be constructive and informative and I was particularly pleased to note <strong>the</strong> many<br />
contributions, including that <strong>of</strong> <strong>the</strong> Deputy, highlighting <strong>the</strong> central importance <strong>of</strong> <strong>the</strong> best<br />
interests <strong>of</strong> <strong>the</strong> children concerned in all our intercountry adoption activities.<br />
As regards historic cases <strong>the</strong> Adoption Authority <strong>of</strong> Ireland holds records <strong>of</strong> adoptions<br />
effected since <strong>the</strong> introduction <strong>of</strong> statutory adoption in 1952. It holds no records relating to<br />
birth registrations.<br />
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