Barry Andrews (Dún Laoghaire, Fianna Fail)

It happens anyway but it remains at the discretion of the High Court. In fact, the High Court, which retains that discretion, allows for a guardian ad litem in every case - that is the current state of the law. The Deputy asks why we do not order the High Court to appoint a guardian ad litem.

There may well be certain circumstances where the High Court, at its own discretion, would deem that a guardian ad litem is not necessary. In affording the High Court the same discretion it enjoys in many other types of administrative law, we have reflected the possibility that a situation may arise where that discretion is not exercised.

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