Oireachtas Joint and Select Committees

Wednesday, 8 May 2019

Joint Oireachtas Committee on Children and Youth Affairs

Children's Rights Alliance Report Card 2019: Discussion

Ms Edel Quinn:

We expect to see the new draft legislation any time now. We have made a number of submissions on it to the joint committee and the Department. We hear that there is a consultation process in place with children and young people, which is an initiative for which we had called in the past couple of years. We hope the experiences of children will enhance the legislation. We welcome the latest iteration of the Bill, with the new executive office under the Department of Children and Youth Affairs, as opposed to Tusla. That is something for which we have called. The status of the guardian ad litemservice is the key outstanding issue for us because it will be a witness, as opposed to a party, in a case.

That undermines the role guardians ad litemcurrently have. It dilutes the powers they have and the way they are able to represent children. I refer to cross examination, for example. One of the main areas where the convention has evolved over years is that guardians ad litem, GAL, would be able to cross examine through a lawyer - for example, it would be able to cross examine Tusla - on decisions taken. They would be severely limited in their ability to cross examine and that would fundamentally impact the role that the guardians ad litemplay and the way that children's voices are heard in proceedings that have a huge impact on their lives.

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