Barry Andrews (Dún Laoghaire, Fianna Fail)

Yes. It is the High Court, not the HSE, that decides whether legal representation is provided. That is a high level of supervision of cases like this. That power has served the service well. I did say that I take the Deputy's point in principle and I accept the criticism that we need to define exactly the qualifications, type of registration and supervision of guardians ad litem in this country. It is not acceptable that the HSE is currently paying for guardians ad litem, while very often finding itself at odds with them. One of the tasks that will have to be settled is the actual location of the supervisory body to register and provide for the payment of guardians ad litem. It is absolutely obligatory that this needs to be separated from the HSE. My legal advice, however, is that primary legislation needs to be set out in respect of the policies and objectives concerning that question.

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