Kathleen Funchion (Carlow-Kilkenny, Sinn Fein) | Oireachtas source

I move amendment No. 1:

In page 9, between lines 19 and 20, to insert the following: “(c) to represent the child’s interests in the proceedings to which the guardianad litemhas been appointed.”.

I welcome the Bill. It is needed. We do need regulation in this area. All Members are aware of the very good work that guardians ad litemdo and the service they provide for children in care. We definitely need some sort of rules or regulations attached to that, however. The Bill is very welcome. These are the only amendments that have been tabled to it. In general, we welcome the Bill but we believe these amendments need to be factored in.

Amendment No. 1 proposes to insert in section 35E(1) that a function of a guardian ad litemshall be "to represent the child’s interests in the proceedings to which the guardianad litemhas been appointed". Deputy Sherlock is present in the Chamber. In the previous Dáil, this amendment was passed on Committee Stage in 2019 but it is not in the new Bill. At the time, we, along with Deputy Rabbitte, who is now a Minister of State, argued strongly for this amendment to be included because it is a catch-all. It ensures there are no grey areas in respect of the role of a guardian ad litem.There are serious concerns in respect of a guardian ad litem, GAL, potentially being relegated to the status of a witness.

That leads me on to amendment No. 2, which proposes to delete section 35E(8) and replace it with, "The court may hear from the guardian ad litem in respect of any welfare matter concerning the child."

There is a concern that if a GAL is characterised as a witness, it dilutes their role. They would perhaps be called for certain parts of the proceedings and would not be present for the whole proceedings. The big thing in all of this is that they are to advocate for the child and be the child’s voice. Therefore, it is very important that there are no grey areas.

It is a minor amendment, but it would strengthen the legislation. It something that was accepted in the past and it is somehow not in the new form. I hope the Minister will accept these amendments.

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