Ms Éimear Fisher:

We must discuss the matter with the Parliamentary Counsel to see what impact the provision will have and check whether there are unintended consequences. We have heard what members have said about the matter.

Under the proposed new system, the child can be a party and can have legal representation, which is a route to advocacy. The whole point with regard to the proposed new system is for it to be different from the current system and to provide clarity in respect of the role of the GAL. First, it will outline what is the role of the GAL and, second, it will indicate where advocacy begins and ends in the context of the GAL. We must decide whether it would be better if the GAL was not expressly given the power of advocacy and whether it would be better for that power to be bestowed on a legal representative who would be trained to act as a professional advocate in court. A firm line on this has not been established. We must discuss where advocacy starts and ends with the Parliamentary Counsel. We must have clarity because there is inconsistency when it comes to the function and roles of GALs. We want to pin all of that down and there may be a way to do so.