Katherine Zappone (Dublin South West, Independent) | Oireachtas source

I respect the Deputy's view but, again, I certainly do not think that is the case. Obviously we read the Bill as a whole, although I am not suggesting that the Deputy is not doing that, lines 34 and 35 on page 8 outline that:

The court or any party to the proceedings may call a guardian ad litem appointed for a child as a witness.

This does not limit the guardian ad litemto the role of witness only. There is no intention that this be the guardian ad litem's only role, to demote the role, to use Senator Funchion's language. The provision does not exist in isolation and with any legislation must be read in conjunction with the whole of Part VA that is to be inserted into the Child Care Act 1991.

That includes the provision that a guardian ad litemis appointed for a child, and the right under section 35F(1) of a guardian ad litemto apply to the court for a report to be procured regarding the welfare of the child. The guardian ad litemis also given the very important function of informing the child of the recommendations contained in the report, the outcome of the proceedings, and such other matters relevant to the proceedings as the guardian ad litemconsiders appropriate. I believe all of these functions will require the guardian ad litemto be present throughout the proceedings.

Guardians ad litemmay also continue to make section 47 applications. This section, which is already in the Child Care Act, allows them to make an application on any question affecting the welfare of a child in the care of Tusla. I do not think it demotes or restricts it. Many other functions are identified in the Bill. It is important to read the Bill as a whole.