Alan Farrell (Dublin Fingal, Fine Gael) | Oireachtas source

As the Chairman of the Joint Committee on Children and Youth Affairs, I am pleased to contribute to the debate on this legislation. I thank the Minister for bringing forward this Bill for discussion. This legislation, at its core, aims to reform the guardian ad litemsystem in a manner which benefits insofar as possible children and young people as possible and ensures the best interests of each child is always the foremost consideration in proceedings.

I particularly welcome the inclusion of section 5 which, taking into consideration a child's age and maturity, not only ensures that a child's views are heard, but that the court must figure out how best to facilitate that child being accommodated in giving their views. It is always of the utmost importance that a child's voice is heard in each case. This applies both in respect of the guardian ad litemsystem and all other aspects of policy which impact children and young people. We must recognise the voice of children and young people throughout Ireland, and we must listen to what they have to say. We in this House are elected to represent our constituents and we must recognise that children and young people are also our constituents, even if they are at not at an age where they have the right to vote.

I am pleased that, when examining the functions of guardians ad litemappointed for children, the viewpoint of the child is treated as a matter of paramount importance in that the guardian ad litemhas a responsibility to ascertain the views of the child and give them due consideration when making recommendations to the court. Furthermore, they are also required to keep the child informed of their recommendations and the outcomes of court proceedings, where appropriate.

I listened carefully to Deputy Funchion who rightly pointed out the concerns of some in the sector, some of which was brought to the committee’s attention in recent weeks and months. Some aspects of the Bill as drafted are appropriate, whereas others deserve discussion on Committee Stage. The Minister has always given due consideration to amendments to legislation before the Select Committee on Children and Youth Affairs, as committee members appreciate, and I am sure she will do so again in this case. Some years ago, when the Minister, who was then a Senator, and I were members of the Joint Committee on Justice and Equality, we discussed the issue of guardians ad litem. I welcome that this Bill takes on board recommendations made by the Joint Committee on Children and Youth Affairs, which were made as part of the pre-legislative scrutiny process. One such recommendation is that the guardian ad litemservice should not be subject to a procurement process. When it comes to protecting our children and young people, we should not be focused on cost saving or any similar consideration.

It is important to address the issue of who can be appointed as a guardian ad litem. I understand the Bill provides the Minister with the authority to make regulations regarding the levels of experience and qualifications required to act as a guardian ad litem. We must ensure that anyone acting in such a position acts on a strong basis from which he or she can best represent and advocate for the child or young person. I understand that it is proposed that individuals, in order to be appointed as a guardian ad litem, must hold qualifications in either psychiatry, psychology, social care or social work and have a minimum of five years' experience. This is most appropriate. Over the years, particularly during my time as a member of the Joint Committee on Justice and Equality, regulations were implemented in various areas and some practitioners, who may have been well-meaning, experienced individuals, did not have qualifications. This presented a difficulty. The bottom line is that a person must be qualified to act in the post. Although experience is an essential component of a person’s qualification, he or she must have training in the relevant sphere in order to provide the best possible service to a child or young person. We should ensure, as we have done in the past, that these requirements are absolute. I would appreciate a commitment from the Minister to ensure such a significant threshold is put in place before someone can be appointed as a guardian ad litemfor a child or young person.

It is positive that the legislation before us is clear on the circumstances relating to the appointment of a guardian ad litemfor a child or young person by the courts and ensures that several factors are taken into account. On this basis, the District Court must have regard to the best interests of the child; the age and maturity of the child; the nature of the issues in dispute in the proceedings; any report on any matter which may affect the welfare of the child; where a child or young person wishes to express his or her views and whether the appointment of a guardian ad litemwould assist the expression by that child or young person of their views in the proceedings; and any views regarding such an order expressed by the child and the parties to the proceedings or any other person to whom the proceedings relate. I listened carefully to Deputy Funchion on the requirement for guardians ad litemduring District Court proceedings. This arose during pre-legislative scrutiny and it is something which I ask the Minister to review at the next appropriate Stage should there be an amendment tabled to the legislation.

It is also positive that, where the court decides against appointing a guardian ad litem, it should give reasons for its decision, and in cases where it is satisfied that a child or young person can form and articulate his or her views in the proceedings, it should find and facilitate a means for that child or young person to do so. Notwithstanding my comments, it should be automatic for someone to be appointed to act as guardian ad litemunless there is a very good reason for not doing so. The child or advocate should not have to fight for one to be appointed.

I have placed particular emphasis on the elements of the Bill directly related to ensuring a child's or young person's views are heard in any proceedings. I cannot overstate the importance of this. Children and young people, who are among the most vulnerable persons in the system, must be heard and we, as legislators, must work to advocate for them in this House. The Bill certainly puts the best interests of our children and young people at the forefront of the guardian ad litemsystem and reflects the spirit of the children's rights referendum of 2012.

I commend the Minister and her Department on the work they have done in bringing this Bill forward. I also wish to recognise the work of the Joint Committee on Children and Youth Affairs in informing the Department's work on the Bill. I look forward to it progressing through the Houses.

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