Michael McNamara (Clare, Labour)

I greatly welcome the Minister's commitment to re-examine this proposal in the Child Care (Amendment) Bill and to examine Deputy Ó Caoláin's proposed amendment which very much mirrors Deputy Flanagan's proposed amendment when this matter was discussed during the previous Dáil. We are all very aware of the importance of the guardian ad litem in proceedings. Indeed, the guardian ad litem is the only person really who acts in the best interests of the child and one of the important amendments introduced by this Bill is to define the role of the guardian adlitem and to state specifically that they promote the best interests of the child and convey the views of the child concerned to the court. It is, of course, increasing common practice for guardians ad litem to seek and be represented in court. The reality is that it is not always required for a guardian ad litem to be legally represented in court, much less to obtain the representation of counsel in court. I fear that were Deputy Ó Caoláin's amendment to be adopted today, the result would be that the costs incurred by a guardian ad litem in the reasonable discharge of their duties would be borne by the HSE, or effectively by the Exchequer. However, the effect of saying that the guardian ad litem may appoint a solicitor to represent them and "if necessary, having regard to the circumstances of the case, directions in relation to the instruction of counsel," would seem to run contrary to the provision that only costs in the reasonable discharge of their duty be discharged by the State because it would effectively encourage or almost require a guardian adlitem to be legally represented in court.

I think it would create a great deal of legal confusion and for that reason I greatly welcome the Minister's commitment to have this matter further discussed in the Seanad before its return to this House. I think that demonstrates this Government's commitment to the rights of the child and to ensure that the rights of the child are vindicated in any child care proceedings before the court. On that basis I greatly welcome it.

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