Charles Flanagan (Laois-Offaly, Fine Gael)

I move amendment No. 14:

In page 63, to delete lines 23 and 24.

These amendments deal with the appointment, role and function of a guardian ad litem who is appointed by the court to ensure the voice of the child is heard in a real and meaningful way. There are some difficulties in regard to the cost of the guardian. As I said on Committee Stage, we should clarify who decides on the matter of costs as incurred by the guardian and the guardian services. If these issues are to be decided by the Health Service Executive rather than the court, there is a perceived conflict.

It is important that there be no such conflict and that the status of the guardian be nothing less than fully understood. He or she is representative of the child's voice. In this regard, we can look to submissions that were made on this legislation but also to national legislation and international instruments such as the Universal Declaration of the Rights of the Child, particularly Article 12 thereof. There must be no confusion such that the position of the guardian is compromised or weakened in any way given that there are occasions when it may be necessary for the voice of the child to be heard outside the remit of the Health Service Executive.

These amendments deal with that perceived conflict which may well give rise to a weakness. Like the earlier amendment, we are dealing with the statutory right of the guardian. That position must be enshrined in legislation in such a way as to ensure the guardian is in no way compromised and that he or she can engage in the type of activity, work and representation that was designed in law to ensure the voice of the child is heard.

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