Katherine Zappone (Dublin South West, Independent)
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I thank Ms Fisher. I will deal with the issue of whether the child has an automatic right to a guardian ad litem, and that being raised in the context of the constitutionality of it. As I understand it, and I can ask officials to support me, the major shift in the Bill is that there is a presumption that the child ought to have a guardian ad litem.Describing it in that way as distinct from another is because it could be the case, given the child's ability in terms of his or her age to make a decision, that the child may not be able to express a preference whether he or she wants a guardian ad litem. That is a concern, because in light of the child's age, the child may not be able to make that decision. To put it in the context of the presumption, if the judge makes a decision not to use the guardian ad litemand instead wishes to have a direct exchange with the child on the child's view as distinct from an exchange with the guardianad litem, that is also taken into consideration. I think, and I will ask the officials to elaborate, that the shift is largely that the presumption is effectively the most pragmatic way to ensure the child has that right.