Frances Fitzgerald (Dublin Mid West, Fine Gael)

The Child Care Act 1991 provides that in proceedings under Part IV, that is, care proceedings, where the child to whom the proceedings relate is not a party, the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so, appoint a guardian ad litem for the child. The provision of a guardian ad litem service is extremely helpful in terms of protecting children's rights. Having done some work as a guardian ad litem when I worked as a social worker in the United Kingdom, I am aware of the importance of the service. There is a requirement for legislative change to review how the service is being operated and managed and to provide greater clarity on criteria and so on. I will consider that requirement in bringing forward legislation to establish a child and family support agency.

The guardian ad litem provides information to the court on what is in the best interests of the child and informs the court of the child's view. While guardians ad litem are not appointed in all care cases, they are appointed in all special care cases. The initial objective of section 12 of the Bill is to provide a similar provision in regard to special care. I am sympathetic to the view that a child who is the subject of a special care application should have a right to legal representation and to a guardian ad litem. There are very few children in the country affected by special care orders and those who are have substantial care needs. Moreover, they are usually in a crisis situation and require the type of detention and support services we have spoken about.

I have given every consideration to the Deputy's amendment, but I cannot accept it. However, following consultation with the Attorney General's office, I propose to bring forward an amendment to section 12. The amendment I propose will in essence delete subsection (2C)(a) of section 12(c) the effect of which will be to take away the discretion of the judge in the area of the appointment of legal representatives to guardians ad litem. Therefore in this aspect of the guardian ad litem service there will be no difference to what is currently the situation. As a result of this amendment, other amendments within the section may be needed. While I am not in a position to make this amendment this morning, I will bring the amendment to the Seanad next week and I will return to the Dáil for its approval of the amendment.

I hope this goes someway to reassuring the Deputy on the matter, even if I am not accepting his amendment. I will obviously take account in drafting the alternative amendment the drafting of Deputy Ó Caoláin's amendment. I will bring it to the Seanad and it will return to the Dáil.

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