Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I return to my point about constitutionality. Let us say someone took a case on the basis that a judge exercised his or her discretion not to appoint a guardian ad litem. Five or six years later, because he or she was not offered the services of a guardian ad litem, the person might return to court and claim that his or her rights under Article 42A were not vindicated. What defence could be offered in such a case? I accept the point with regard to head 15. The provision could have existed before the referendum. I refer to the words, "in so far as practicable, give due consideration, having regard to ... age and maturity, to the views of the child." The level of due consideration fundamentally changed after the constitutional referendum. I am of the view, therefore, that a question still arises in this regard.

On Tusla, the Minister stated that there is an awful long distance to travel. If we to undertake a fundamental reshaping the entire area, then I do not see a reason not to include the establishment of a body. This is the appropriate occasion on which to do so. I still have reservations about using a tender process because I do not believe that this can provide for the permanency and consistency required.