Emer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

I am pleased to have the opportunity to contribute to the debate on this important Bill. The Child Care (Amendment) Bill 2022 incorporates some welcome policies and provisions that have been a long time coming. We are all glad this legislation is finally before us.

The Child Care Act 1991 is currently the primary legislation governing the welfare of children and young people in need of care and protection. It provides for guardian or guardian ad litemappointments in care proceedings where children or young people are not party to the proceedings or where it is in the best interests of a child or young person, and in the interests of justice, to have a guardian ad litemappointed. As it currently operates, the guardian ad litemprocess is not fit for purpose. It is unregulated, unaccountable and opaque. In fact, the Act fails to outline how a guardian ad litemis appointed or how one even qualifies to become a guardian ad litem. In addition, the 1991 Act fails to outline the functions and powers of the guardian ad litemin proceedings. My fundamental concern is that it does not support the 2012 children's referendum which the previous Minister for Children and Youth Affairs, former Deputy Frances Fitzgerald, brought before the people of Ireland and which I, like so many others, campaigned for in order to ensure the rights of children were strengthened and protected. It is high time the 1991 Act was amended, as has been asked for by many people with direct experience of the system and organisations representing them, including the likes of Barnardos.

The courtroom is not a natural place for a child or young person to be. It can be a scary and intimidating process to go through for an adult, never mind a child. While the courts make great efforts to accommodate young people in a child-friendly manner, there is much room to improve. Introducing this Bill will ensure that our legislation better acknowledges and maintains the rights of the child.

I thank the Minister and his Department for their commitment to addressing the disparities of guardians ad litem in the 1991 Act and I welcome this reform as it will be beneficial to all children and young people subject to care proceedings. The welfare of the child is central to court proceedings and it must be. The courts must regard the best interests of a child in all proceedings relating to care and protection, and I welcome the provision for courts to consider children's views, where they have chosen to express them, and to consider those views in light of a child's age and maturity, as well as any special circumstances or harm that the child is, or potentially could be, suffering from. That is important. It is fundamental that the court considers the child's environment and gives weight to any views expressed by that child. It is necessary that a child's views are heard and that a court must determine the best method for a child to be accommodated in expressing his or her views.

I am pleased to see that provisions have been made for the mandatory appointment of a guardian ad litemto replace the previous ad hocnature of the appointment and, principally, to extend and regulate the guardian ad litemsystem so that it benefits the greatest possible number of children and young people. It will provide high-quality service to children and young people in care proceedings and as public representatives, all of us must listen to and respect the views of children and young people. We have a duty to serve them as well as those who vote for us.

This Bill has great potential to transform the 1991 Act. We must legislate for a system that is adequate, modern and fit for purpose. We must create flexible and adaptable legislation because society flexes and adapts. Society continues to change and to hold different principles and perspectives.

The best interests of children must always be at the core of any decision-making affecting them. The best support must be granted to every child requiring representation. Each child will be affected by a court's decision and so I welcome the provisions in this Bill and look forward to seeing it progress and improving the court process for young people.

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