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 Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

One of the reasons for these amendments was to revisit an issue addressed in amendment No. 1, which has fallen and was not discussed. It goes back to a core value about the age of the child and the consent of the child who does not wish to have a guardian ad litem. In those circumstances, a report would be produced and submitted to the courts acknowledging that the child, for reasons of age or whatever else, had chosen not to have representation. We have sought to have included in the Bill a provision whereby a report would be produced to reflect the fact that some children may choose not to have a guardian ad litem. That report would issue in the course of proceedings to reflect that the child was offered a guardian ad litembut had chosen not to avail of one. As such, this document would be on the record and would address any concern that, down the line, possibly in an appeal, a child would claim that a guardian ad litemwas not offered to him or her. That offer would be recorded in a document.