Oireachtas Joint and Select Committees

Wednesday, 23 October 2019

Select Committee on Children and Youth Affairs

Child Care (Amendment) Bill 2019: Committee Stage

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

It has always been my intention that the guardian ad litemoffice would produce an annual report of its activities. There is a lamentable absence of comprehensive, quantifiable data about childcare proceedings in Ireland. The childcare law reporting project's valuable work has provided a window into those proceedings but we are still lacking reliable quantifiable data on childcare cases. It is my intention that the guardian ad litemoffice will endeavour to provide information on its activities, while respecting the important privacy protections provided by the in camerarule and GDPR. I am happy to consider bringing forth an amendment to provide for the publication of an annual report. I will consult the Attorney General's office on the appropriate wording.

I take this opportunity to advise Deputies that I also intend to bring forward two amendments on Report Stage to the in camerarule under section 29 of the Child Care Act. As I have mentioned, the childcare law reporting project provides a valuable window into these proceedings, but there is currently no expressed basis for Department officials to attend proceedings. This creates difficulties for the Department in terms of monitoring the implementation of the 1991 Act and the operation of the guardian ad litemexecutive office into the future. While I recognise the importance of the in camerarule for the protection of the privacy of children and their families, I am also conscious of the seriousness of State intervention in family life under the 1991 Act and the obligation for legislation and policy to be informed by evidence from our courts. I have secured Government approval for an amendment to section 29 of the 1991 Act to authorise the attendance of two specific groups of officials, including those who will have official responsibility for managing guardians ad litemand those who will have a specific role in monitoring the implementation of the 1991 in order to revise and improve it.

The second proposed amendment will enable the childcare law reporting project and other similar bodies to exercise their functions properly by ensuring that they have access to all relevant reports. I emphasise that these proposed amendments will not impact on the court's ability to restrict access to the court on a case-by-case basis but nor will they impact on the court's ability to restrict access to court documents, if desired, in the specific circumstances of a particular case. Furthermore, no person will be permitted to make public information likely to lead members of the public to identify either a party to the proceedings or a child to whom proceedings relate. Additionally, I am considering the possibility of introducing a provision which would allow for a review of the reformed guardian ad litemarrangements under this Bill. I have instructed my officials to explore this issue with parliamentary counsel. The intention is that such a review would commence not later than three years following the coming into operation of this legislation.

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