Mr. Keith Walsh:

The Law Society is grateful for the opportunity to present its views on the general scheme to the committee. The Law Society's function is to assist, advise and use its experts and expertise to get the best legislation and to provide the best outcomes for children. Its members appear on every side of the argument in the District, Circuit and High Court in regard to child care matters. A considerable amount of expertise and time has gone into this submission.

My name is Keith Walsh. I am chair of the society’s family and child law committee and a family law practitioner based in Crumlin. I am joined by my committee colleague, Ms Carol Anne Coolican, who is managing solicitor of the Legal Aid Board in the law centre in Tralee and has extensive experience in the subject under discussion this morning.

The Law Society family and child law committee is composed of experts in the family law area who are dedicated to improving the practice of family law for the public and those involved in the family law system. I would like to recognise the dedication of a number of our committee members who have contributed to today's paper and and who are here today: Sinéad Kearney from Byrne Wallace Solicitors, Denise Kirwan from Comyn Kelleher Tobin in Cork, Geraldine Keehan from Augustus Cullen Law in Wicklow and Dublin and Cormac Ó Culáin from the Law Society.

Our submission, as drafted by our committee, has been furnished in advance to committee members and provides further details and recommendations in respect of some of the heads proposed in the Bill. The society is available and interested to engage with the committee and Department officials in improving the Bill.

At the foremost and core of consideration of the general scheme is the amendment to the Constitution in respect of the voice of the child in legal proceedings. All considerations must flow from this simple tenet. Rather than provide a section by section commentary on the scheme, we wish to highlight three issues that impact on the intention of the scheme.

The first point is that there is a constitutional right for the child's voice to be heard. That means the current scheme will need to be amended so that there is an obligation on the courts to appoint a guardian ad litem. The scheme, as drafted, gives a discretion but not an obligation to the Circuit and District Courts on such appointment.

The second point is that it is imperative that an independent agency manage the guardianad litemservice. This should be an independent non-departmental body which is also independent of the parties, including Tusla. This is the approach adopted in our neighbouring jurisdiction.

The third point is that the scheme as drafted would be greatly enhanced by the specific inclusion of the criteria to be assessed in determining the best interest of children. This is set out in section 31 of the Guardianship of Infants Act 1964 in regard to cases involving children in private law matters.

The society has made 12 recommendations in regard to the general scheme, relating to some of the following points: the necessity for a national guardian ad litemservice; the necessity for greater clarity of roles in respect of service providers; a recommendation for comprehensive criteria for establishing the best interests of the child, head 5; and a strengthening in regard to the qualification of the guardian ad litem, head 7. The society recommends the introduction of a fee structure for both guardians ad litemand their legal representatives; regular audits of files and accounts and clarity on the discretion of the courts, head 8; and finally, the society is advocating for careful consideration in relation to the provision of information to the guardian ad litemand reports prepared by the guardian ad litemfor the courts, heads 10 and 12.

The society and practitioners working at the coal face of child and family law welcome the Bill. However, the test of the commitment will be the degree to which resources and professionalism are brought to the guardian ad liteminfrastructure and that the policy objectives are appropriate from the outset.

Ms Coolican and I are happy to answer any questions the committee may have.