Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

First, I acknowledge, as I would always do, that the Minister has been as good as her word and that the matter has been progressed through the Seanad as she indicated. I welcome the proposed amendments before final conclusion of the passage of the Child Care (Amendment) Bill 2009. Certainly, Seanad amendment No. 2 mirrors well the wording of amendment No. 13 in my name in the course of our Report Stage deliberations. I fully appreciate that the key point on the role of a guardian ad litem concerns the wherewithal to appoint and "instruct". On the use of the word "instruct", it is critical that there be independence on the part of the guardian ad litem dealing directly with the interests of the child as against those of the court. "Instructing" is a word about which there would have been concern.

Perhaps the Minister might elaborate a little on Seanad amendment No. 3 and give us, if she can, an example as regards the wording: "The court may, on the application to it of the Health Service Executive, order any other party to the proceedings in question to pay to the Health Service Executive any costs or expenses payable by the Health Service Executive under subsection (2C)". With everything else with which I am wrestling, I have not been able to translate this into actuality. If such an example could be given, we would perhaps be in a position to fully appreciate the Minister's intent. It is perhaps an outworking of Seanad amendments Nos. 1 and 2. I have no objection to it in principle, but I would like to understand it, as I understand the Minister's intent in Seanad amendments Nos. 1 and 2 and, subsequently, Seanad amendment No. 4.

I record my appreciation of the Minister's efforts in recent days on the Bill. While I remain strongly of the view that the Bill is deficient because it fails to statutorily enshrine the right to aftercare, nevertheless I recognise the other advances made within the legislation.

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