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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 />

344

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