Frances Fitzgerald (Dublin Mid West, Fine Gael)

Amendments Nos. 1 to 4, inclusive, which are being discussed together relate to section 13 of the Bill. They were brought forward by me in Seanad Éireann last night in accordance with a commitment I gave in Dáil Éireann on Thursday, 14 July on Report Stage. They amend section 13 which amends section 26 of the Child Care Act 1991 and take cognisance of the amendment tabled by Deputy Ó Caoláin on Report Stage. They are also consistent with a proposed amendment tabled by Fine Gael and the Labour Party during the reading of the Bill in the previous Dáil. Their effect is to take away the discretion of the judge as to whether a guardian ad litem is legally represented and provide that a guardian ad litem may instruct a solicitor and, having regard to the circumstance of the case, counsel. The effect is to continue the practice for a guardian ad litem to be in a position to appoint legal representatives in care cases, including special care cases. The judge has discretion in the appointment of a guardian ad litem in proceedings. I hope the Deputies are in agreement with the amendments.

See this speech in context