Maire Devine (Sinn Fein) | Oireachtas source

I thank the witnesses for attending. It is an interesting area of law. I wish to clarify a few issues. In some cases the guardian ad litemis the only voice for the child and it is most important that the child's voice is heard on all occasions. The criteria for the appointment of a guardian ad litemare outlined. They include education, experience and professional qualifications. Transparency in terms of the appointments is important. In 2016 we spent €16 million, which is a significant amount, and we need value for money given the view of the public about gravy trains and the cynicism people rightly have in some respects. The current ad hocarrangement must be put on a statutory basis.

The witnesses might not have the answers to the questions I wish to pose in two areas. The Assisted Decision-Making (Capacity) Act has been enacted and further elements of it remain to be introduced by the Minister. It provides a statutory framework. As I understand it, the legislation concerns adults. Is there any possibility of expanding the legislation to include children or are we double-jobbing? If it is not broken, why fix it? Could we not add to that legislation rather than starting over again?

It is extremely important that we have the capacity to care for all children, especially given the cases of Grace and Mary and what has emerged in that regard recently. We believe those children do not have the capacity to express their views but I suspect they would if we gave them an opportunity. That ties in with the Assisted Decision-Making (Capacity) Act as well. We talk about giving children a voice and a child who is capable of forming his or her own views. What does that mean? Is it a criterion of intellectual ability and does it include verbal and non-verbal communication? Some children who did not have a voice have been let down horrifically by society but we probably need to delve deeper, give them a voice and listen to them a bit more.

I am involved in a case currently concerning six children, of whom we know, with mental health issues, who were sent abroad in recent years. They were seriously disturbed young children. Is it intended that a guardian ad litemwould be assigned to them to represent them in mental health tribunals? I am not sure whether that would be the case as such tribunals are very rare for children but to represent their views in general. What has happened has been horrific. The children have not been kept safe. They have not received treatment but have been incarcerated. That is something I am investigating further. There does not seem to be any oversight from the Mental Health Commission or any statutory body in this country when we export children because we do not yet have the facilities here. Would guardians ad litembe appointed in such circumstances? If children go outside the State what would the remit be of the guardians ad litem? What would their responsibility be in such situations or are they allowed to take responsibility for children in this country who have been sent abroad for treatment of significant, difficult and challenging mental health issues? I thank the witnesses for their contribution on this interesting area concerning children.