Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I will look specifically at section 6 in this regard. The amendments deal with the systems by which the interests of any child involved in legal proceedings are protected, essentially, the guardian ad litemsystem. Under the current system, an absence of clear regulation of an appointment and employment of guardians ad litemhave left the process haphazard, chaotic and vulnerable to exploitation.

While Fianna Fáil is broadly supportive of the Minister's amendments, we believe that they do not go far enough as they fail to make provision for an independent regulatory body to monitor the quality of the guardian ad litemservice. This would provide much needed accountability and efficiency to the system. Given the crucial importance of the guardian ad litemin ensuring children's voices are heard in legal proceedings, this type of meaningful reform is badly needed. By failing to create an independent regulatory authority, the Minister is failing to provide a lasting and real solution to a chaotic system.

Following the 2012 children's referendum, Article 42A.4 was inserted into the Constitution. The article provides that provisions shall be made by law for the best interests of the child to be the paramount consideration in child protection, care, adoption and family law proceedings, and for the views of the child to be ascertained and given weight. In order for the child's views to be heard, it is common for judges to appoint a guardian ad litem, an independent professional who is appointed to represent the wishes of the child in specified court proceedings.

There is a part of it missing, which is the guardian ad litem. Perhaps the Minister could respond as to where she can see there is a role for them in the future.

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