House of Commons Hansard Debates for 23 Apr 1999 (pt 15)

Ms Coffey: Does my hon. Friend agree that an important aspect of the implementation of the Hague convention in countries of origin is ensuring that their procedures establish that the child is adoptable? Far too often, we hear stories of children being snatched and offered up for adoption. They are not adoptable, but have been taken from their parents because they are considered to be a marketable commodity. Having the Hague convention ratified in countries of origin is as important as receiving countries such as the United Kingdom implementing it so that the procedures for adopting children--

Mr. Deputy Speaker: Order. The hon. Lady has already spoken once in the debate and cannot make a second speech. Only brief interventions are allowed.

Mr. Dismore: My hon. Friend makes a valid point. We have to look at not only the receiving country--that is what we are debating in respect of our role in the Hague convention and the Bill--but the position in the country of origin. The valid question of the Yugoslav citizenship

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of the children involved in the Kosovo crisis, and what attitude the Belgrade Government would take towards them, has been mentioned. There is no easy answer to that question.

The position could be reversed, as children from the United Kingdom may be wanted for adoption by people from overseas, and the Library briefing refers to the example of overseas service men. An American service man serving on one of the air force bases in East Anglia may marry a local woman with children from a previous marriage and want to adopt them before moving overseas.

Valerie Davey: Does my hon. Friend agree that, as a result of the Hague convention and the Bill, we have introduced a new phrase--a convention adoption? A convention adoption will allow a greater understanding of reciprocal terms and conditions in all countries. My hon. Friend is right to say that it will allow adoption from this country to another country in certain circumstances, under the same rigorous terms and conditions. The great advantage of the convention and the Bill will be that the position will be clarified. The debate that we are having will take place around the world and, as a result, all those countries who ratify the convention will have a greater understanding of the details of the issue.

Mr. Dismore: My hon. Friend makes a telling point about the need to see the Bill in the context of what is happening worldwide. The Library research paper lists those countries that have already signed up to the convention, including Brazil in May 1993, Burkina Faso in April 1994, Canada in April 1994, Colombia in September 1993, Costa Rica in May 1993, Ecuador in May 1994, Finland in April 1994, Israel in November 1993, Mexico in May 1993--

Mr. Deputy Speaker: Order. I am not sure whether the hon. Gentleman was here for the whole of the debate, but I am hearing something that I have heard before and it is unnecessary repetition.

Mr. Dismore: I apologise, Mr. Deputy Speaker. I was here for the start of the debate and heard the hon. Member for Winchester introduce the Bill. I was also here for some of the earlier speeches by my hon. Friends, but I did not hear the full debate.

My hon. Friends the Members for Stockport and for Ealing, North mentioned the need for criminal sanctions. In my other profession as a personal injury lawyer, I was often accused of ambulance chasing. I found that an unjustified allegation because I tried to conduct myself in a proper and professional way. However, there are bad eggs in that profession, as in any other, and my hon. Friends highlighted the problem of bad eggs who are involved in adoption. Many of the agencies are legitimate, worthwhile and understanding bodies which do the job properly. However, there are many sites on the internet that are effectively businesses, as my hon. Friend the Member for Stockport mentioned. We must look to protect children and not see them simply as a commodity for international trade.

1.27 pm

The Parliamentary Under-Secretary of State for Health (Mr. John Hutton): This has been a high-quality debate and we have heard some impressive and

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well-informed contributions from both sides of the House. I draw significant comfort from the fact that, when the House debates issues of child welfare--am grateful to the hon. Member for Winchester (Mr. Oaten) for giving us the opportunity to do so today--we see strong cross-party support for the welfare of children. I hope that it will always be the case, in the House and in the country, that we can all unite in pursuing that agenda. As my right hon. Friend the Chancellor of the Exchequer rightly said, when he introduced the Budget in March, children account for only 20 per cent. of our population but they are 100 per cent. of our future. That is true and applies just as much to children who come to this country from overseas and are adopted by British citizens as it does to any other child in this country. It is important that the House can unite around a common agenda to promote the long-term welfare and best interests of children.

Several significant speeches have been made and many detailed and technical questions have been raised by hon. Members. I wish to respond as fully as I can to all those questions, because it would be discourteous not to do so. The hon. Member for Winchester was right to emphasise that the Bill does not create new obstacles to intercountry adoption. It provides better protection for children in those circumstances, and it establishes a clear and effective legal foundation for intercountry adoptions. It allows the United Kingdom fully to meet its international obligations, and in so doing to co-operate in international child protection and child welfare measures. It is important that this country takes that leading responsibility.

I am particularly grateful to the hon. Gentleman for his kind words about officials in the Department of Health. Some of them are present, but I shall ensure that all the officials who have supported the hon. Gentleman are aware of his kind words. I shall return in more detail to some of the points that he raised.

My hon. Friend the Member for Broxtowe(Dr. Palmer), who unfortunately is not in his place, made a good speech, and he raised a number of technical issues, some of which were taken up by other hon. Members, in particular my hon. Friend the Member for Harrow, East (Mr. McNulty) and the hon. Member for Portsmouth, South (Mr. Hancock).

Most of the issues raised by my hon. Friend the Member for Broxtowe related to the welfare of children subject to intercountry adoptions. He also referred to cases involving a country of origin that is not a signatory to the convention, and he asked about the differences between the adoption order procedures in a convention country and those in a non-convention country. He also raised the issue of the former Yugoslavia and the wider issue of what happens when a country is at war or when civil hostilities or other extreme civil emergencies are taking place. He asked what steps should this country and other convention countries take to ensure that, when those special circumstances prevail in the country of origin, the strictest standards for intercountry adoptions are applied.

My hon. Friend asked what provisions in the Bill and the convention would fundamentally guarantee the welfare of children. That point was also raised by other hon. Members. I draw the House's attention to article 4 of the convention. Under the convention, a child's country should ensure that the child cannot be looked after in his own country before it considers an intercountry adoption. Article 4 requires the child's country of origin to establish

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that the child is adoptable, and to determine, after possibilities for placement of the child within the state of origin have been given due consideration, whether an intercountry adoption is in the child's best interests. The article identifies other steps that the country of origin is required to take. It must ensure that consents have been given freely and have not been induced by payment or compensation, and that the consent of the mother, when required, has been given only after the birth of the child, so that there is no suggestion of unfair or inappropriate pressure.

The issue of what happens in a war zone or where there are hostilities is a grey area: it is a complex area of international law. The view has been that treaties that require a state of peace are suspended at the time of hostilities or war, although there is no clear international law on that point. That does not apply to treaties such as the Geneva convention, which are designed specifically to apply in times of war.

The Vienna convention, which deals with treaties generally and lays down the international framework of law for their application, does not directly address the problem in detail. After hostilities cease, it may not be feasible, practical, appropriate or even desirable for the application of the treaty to be resumed immediately. It would depend on the terms of the treaty. The hon. Member for Winchester referred to a two-year suspension of international treaties. I am aware that some states have taken that view, but this is a difficult area, because international law is not absolutely clear. I shall say more about that shortly, but, in general, I think that such cases emphasise the need for the strictest possible standards. Several speakers, mainly Labour Members, have mentioned the issue, which has arisen in a number of contexts today. Most speakers have stressed the need for the highest standards in assessment of both the suitability of an adoption in the first place, and the suitability of the prospective adopters. That applies to intercountry as well as intracountry adoptions, including adoptions at times of civil emergency and hostilities.

My hon. Friend the Member for Broxtowe referred to non-convention adoptions. The Bill makes no express mention of such adoptions, but clause 9 makes it clear that local authorities' duty to provide adoption advice and adoption services will include overseas adoptions, whether they are convention or non-convention adoptions. Section 9 of the Adoption Act 1976 gives us power to make regulations governing the way in which adoption agencies exercise their functions. We intend to make regulations governing the process relating to non-convention adoptions, which will be similar to the process relating to convention adoptions. They will require approval by local authorities of prospective adopters. Proper documentation will have to be sent to the Department of Health, which will handle intercountry aspects. There will have to be proper supervision of placements when children come to the United Kingdom, and proper reports must be made to the court in regard to adoption applications.