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 Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein) | Oireachtas source

I wish to make a few concluding remarks on this matter. I was genuinely disappointed that amendment No. 2, which went to the heart of the Bill, was ruled out of order. It spoke to the reason the guardian ad litemsystem exists in the first instance. I understand and accept the point the Minister has made about a child who might not want to have a guardian ad litemor about straightforward cases in which there is no need for a guardian ad litem. We allowed for that in amendment No. 2, which stated: "The District Court may discharge an order directing the appointment of a guardian ad litem, on the application of the guardian ad litem, if the child so requests." We understand that the appointment of a guardian ad litemis not necessary in certain cases. In other cases, the child does not want a guardian ad litemto be appointed. We think it would be better to say from the start to every child in care that he or she has a right and an entitlement to a guardian ad litem. If we are genuinely interested in representing children, being the voice of children and ensuring the interests and rights of children are heard, listened to and respected, this is the crux of the matter. I find it very difficult to support this legislation without this amendment being factored into it. That is why I asked earlier if there is any way of looking at this issue in advance of Report Stage. I would appreciate it if such a way could be found. I feel very strongly about this issue. If we cannot find a compromise or a solution in this respect, I will vote against the Bill on Report Stage and I will advise my party colleagues to do likewise. It is hypocritical to state that we want this system to be in place to ensure children in care are protected, while at the same time saying that not every child in care will get a guardian ad litem. It is definite that children will fall through the cracks. In years to come, cases will be taken against the State by people who feel they should have been given a guardian ad litembut no such opportunity was provided to them. While I understand what has been said about the cost to the Exchequer, the issue goes beyond that. I found it difficult to go through the rest of the Bill after this amendment was ruled out of order. This aspect of it is the heart of the matter for me. I will wait to see whether it is rectified in advance of Report Stage.

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