Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I have spoken to guardians this week and they told me how delighted they are to see this legislation being brought back better in this Dáil term. As previous speakers said, this seems to have been going on for years and it is good that this legislation will soon be passed in this Dáil. I see the changes the Minister has made. I know he made them because he listened to stakeholders but, most important, he has listened to children on this - the children who never have a voice.

Our current guardian system has huge issues. One issue we have been aware of is that some guardians can earn much more than others depending on where they are. For example, depending on the District Court area, children can be represented in court by a guardian in 90% of cases but in another area it might only be in 10% of cases. This is unacceptable and for this reason, I support the proposal that within District Courts judges shall appoint a guardian unless two criteria are met. Hopefully, this will go some way towards addressing the significant differences in the use of guardians in District Courts in Ireland. It is important that there be a greater degree of consistency in the appointment of guardians across the State. Children cannot continue to be better represented in one area than another. We must have equality across the State.

While I am hugely supportive of giving children better representation in these cases, I have concerns and I believe there are opportunities to improve and strengthen the legislation. There is still an imbalance whereby parents and Tusla are parties to proceedings and represented by lawyers, while the child is not a party despite the proceedings being focused on the child’s safety, welfare and development. It is unfortunate that the opportunity has not been taken to place the status of the child in these proceedings on a par with parents and Tusla. Section 35D provides legal advice and representation to guardians but this would not be needed if they were put on the same ground as parents and the State. Guardians should, on behalf of the child, have the same ability as the other stakeholders to inquire of the court, to challenge something important for the child's interest in the course of the proceedings and, where necessary, to make an application to the court. This is especially important considering the acceptance in the Bill of the need for guardians to make recommendations in the best interests of children in cases where the children are unable, for whatever reason, to express their views directly.

Given that many children going into care are very young, non-verbal or struggle to communicate, I would go further and suggest we need to ensure guardians have a wide range of expertise, especially as we now live in a changed Ireland where we must have sensitivity around cultures, traditions and languages, in cases where English is not the child's first language. There is a lot of noise in these cases and it is the judge's job to separate this out. A guardian having equal footing with the parent's representative and the State representative is in the best interest of the child. A judge should be able to request the appointment of a named guardian in specific circumstances where particular expertise is required, such as a translator or someone with cultural expertise or where a guardian is already involved with the siblings of a child. The Minister might take these matters into consideration for the next Stages of the Bill.

As we move to having a more transparent and accountable society, it is welcome to see in this Bill that when information is sought by a guardian from the Child and Family Agency and the agency refuses to comply, the guardian ad litem, GAL, may now apply to the court for a decision. This adds an extra layer of support for a child. I am all for that. As previous speakers said, I really welcome this. Timing is important. I have spoken with the Minister about this and know he is committed to it.

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