Dáil debates

Thursday, 14 July 2011

Child Care (Amendment) Bill 2009 [Seanad]: Report and Final Stages

 

1:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I move amendment No. 13:

In page 64, to delete lines 1 to 8 and substitute the following:

"(a) the guardian ad litem appointed may appoint a solicitor to represent them in respect of those proceedings and give directions as to the performance of the solicitor of his or her duties, which may include, if necessary, having regard to the circumstances of the case, directions in relation to the instruction of counsel, and".

This is an important proposal dealing with the statutory rights of the guardian ad litem. We must provide for a full understanding of the role and responsibilities of the guardian ad litem within this legislation in order to ensure there are no fault lines which allow for a loss of power to act in the interest of the child. The guardian ad litem must have full authority to seek all legal advices in the child's interests, whether from a solicitor or a barrister, as the situation might require. It is important to have this certainty enshrined in the legislation. The interest of the child, through the role of the guardian ad litem, is strengthened in a clear and unequivocal way by the acceptance of amendment No. 13.

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