Denise Mitchell (Dublin Bay North, Sinn Fein) | Oireachtas source

I welcome the opportunity to speak on this Bill. I hope it results in the proper regulation of guardian ad litemgoing forward. These reforms should be of real benefit and should bring Ireland in line with best practice. The work of the guardian ad litemis vital. They represent the voice of children in some very complex cases. The voice of children in these cases cannot be lost and it is important their views are front and centre when considering a case that could potentially impact the next few years of a child’s life. I know from my own personal experience the key role GALs play. Children build up excellent relationships with their GAL and there is a real sense of trust. For many kids GALs are a stable and positive influence in their lives and the importance of that cannot be overstated. With the passing of this Bill, GALs will now be properly regulated and this will ensure they are accountable on behalf of the children they represent.

The committee on children conducted pre-legislative scrutiny in February. It had six recommendations and they need to be addressed in this Bill. One recommendation was that a judge would have the ability to appoint specific GALs, especially where the GAL is already involved with siblings of the child. This makes an awful lot of sense given the child will already be familiar with the GAL. I hope the Minister takes that on board. We need to ensure that the role of the GAL is adequately recognised by the courts and as pre-legislative scrutiny recommended, that needs to include the District Court. Dr. Conor O’Mahony spoke about this Bill in recent months and had concerns with the wording around the appointment of GALs. He wanted the Bill to include an automatic entitlement to a GAL. This was also a recommendation of the committee in its PLS report. I hope this is something we can revisit on Committee Stage.

I welcome sections 4 and 5 of the Bill which ensure the best interests of the child are paramount in considering any actions by the court and that the views of the child are properly heard while keeping in mind the child’s age and maturity. Section 7 relates to the regulation of GALs and is quite detailed. It outlines the role of a GAL and the functions he or she needs to allow him or her act in a way he or she believes is in the best interests of the child. This is all really welcome but it is important that the ability for a GAL to challenge proceedings is included and that the GAL has access to Tusla files relating to a child and is protected.

We need to ensure we get this Bill right and that the best interests of children are reflected in every area of it. It has the potential to reform how the voice of a child is heard for years to come and ensure that the child is recognised and prioritised in court proceedings. My colleague, Deputy Funchion, intends to amend parts of this Bill on Committee Stage. I hope the Minister can listen to the concerns that have been raised and that we can all work together to ensure the voice of the child is heard. I hope we work together to make an impact that will really improve their lives.

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