Charles Flanagan (Laois-Offaly, Fine Gael)

That is most disappointing because it means that this legislation will go through, as indeed have earlier pieces of legislation, without any detail as to the role and function of the guardian or their regulation. I had sought to insert such a provision in amendment No. 16. I listened to what the Minister said and I was optimistic and pleased with his reply on Committee Stage. While not holding my breath, it is most disappointing to learn now that my suggestion was for nought.

I will not press amendment No. 16. While, as the Minster of State rightly said, the 1991 Act provided for the appointment of the guardian ad litem, there was no statutory guideline or format as to the criteria for appointment, training, registration or regulation. That should be done and I would have thought that this Bill was the appropriate vehicle for doing so. It is a weakness in the system not to have it. The Minister of State cited legal advice to the effect that we must have primary legislation in order to do it, but I find that to be both unsatisfactory and surprising. The Minister of State has taken that advice, but God only knows when the next piece of primary legislation might be forthcoming in this area. It is regrettable that, despite his endeavours, the Minister of State could not accept the principle of the amendment on Committee Stage.

While I will not move amendment No. 16, the problem with amendment No. 15 is that without ensuring that the guardian ad litem may in circumstances obtain legal advice, there is a weakness in this legislation. That is because the guardian and the legal adviser or solicitor are different people with different training, roles and perspectives. It is asking too much to expect that the guardian ad litem would have the same knowledge of the legislation as a legal adviser. If we are talking about the child's voice being adequately and properly represented, it is equally important that the guardian should not be burdened by having to understand the complex nature of this body of law. The guardian should be entitled, as of right in circumstances, to have legal advice in cases where it is deemed necessary. Without that the legislation is weak and in certain circumstances the guardian can be placed in a difficult, if not invidious, position.

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