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

I started discussing this in regard to the last issue. It is important to emphasise that, as matters stand, a guardian ad litem, GAL, is not a party, and has never been a party. It is at the court’s discretion that they are sometimes allowed to exercise party-type rights. That is an important distinction but it emphasises that discretion resides with the court to allow the guardian ad litemto work for the child’s best interests. It is important to acknowledge the overarching responsibility of the judge in the case is to vindicate the rights of the child and to behave proportionately in the interests of the child, and that there is no fundamental impediment to vindication of the fair procedure rights of the child in an arrangement where the guardian ad litemis not a party to the proceedings.

This provision does not remove this discretion but we want to make it clear that, effectively, there is no automatic right for the guardian ad litemto act as a party. This Bill sets out a guardian ad litemrole that is based on the Children’s Acts Advisory Board 2009 guidance. Its core functions are to ascertain the views of the child and to make recommendations to the court on what is in the best interests of the child. Party status does not sit well with this role as an independent resource appointed to ascertain the views of the child and make recommendations to the court. I would like to emphasise that the child can be made a party under the Child Care Act, as it stands, and, under this Bill, a child who is a party can also have a guardian ad litem. It is the child, not the guardian ad litem, who has a personal interest in the case, so I believe this is the most appropriate route for those children who want to, and for whom it is in their best interest to, be joined as a party. For these reasons, I cannot accept the amendment.