Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I thank Deputy Durkan for raising this important matter. It is of huge significance to the family involved. I am not aware of any of the circumstances of this case. The question submitted to me related specifically to guardians ad litem, which have a very narrow remit. From what the Deputy has described, I am not sure how much directly covers the situation. The situation raised is a broader issue relating to the operation of the family court. Even though it is the family court, it is more a matter for the Minister, Deputy McEntee, than for me. I have prepared an answer relating to guardians ad litem, which I will deliver. I am not sure that it will enlighten the Deputy with regard to this situation, but I will engage with it to the extent that I can.

A guardian ad litemor GAL is appointed in childcare proceedings to inform the court of any views which the child wishes to express and to advise the court on what, in his or her professional opinion, is in the child's best interests. GALs do not make decisions regarding parents' access to their children. Any such decisions are taken by a judge. Court orders regarding children in care are matters for the court and as Minister I cannot interfere in any such decision. However, as Minister, I am working to ensure the law relating to children in need of protection is updated and improved where needed.

I recently brought the Child Care (Amendment) Act 2022 through the Houses of the Oireachtas. It was signed into law in July. This Act provides for reform of the GAL system, and will allow me to establish a new national GAL service with an executive office in my Department. Preparatory work to open that office is under way. I am pleased to inform the Deputy that I plan to commence sections 1, 4, 6 and 13 of the Act next week. These cover wider areas of reform. First, there is a requirement that the court regard the best interests of the child as the paramount consideration, which is relevant to what the Deputy has discussed. Second, there is a reform that ensures the Child Law Project and any similar projects will have access to relevant court documents and allows officials to attend childcare proceedings for specific purposes.

My Department is also reviewing the Child Care Act 1991, which is the major legislation that deals with taking children into care, whether foster care or special care. I look forward to bringing the heads of an amendment Bill to the Government by the end of this year and hopefully getting that legislation passed next year. The 1991 Act is wide-ranging legislation which, at its core, seeks to promote the welfare of children who may not receive adequate care and protection. My Department has consulted extensively with stakeholders to collect their views on the legislation, including through calls for written submissions and a number of consultation events. That Bill will revise and update the 1991 Act to better reflect changes in child welfare and protection services in Ireland in the 30 years since enactment and the constitutional recognition of children as individual rights holders. It will also allow for positive practice developments to be enshrined in law where needed.

Reflecting on the facts the Deputy has outlined, I am not sure if the GAL is the issue here. I think the issue might be the wider process used by the court. I draw the Deputy's attention to the legislation passed earlier this year. I am about to activate the piece relevant to the principle of the best interests of the child being pursued. That is perhaps of as much relevance to the case that the Deputy has brought to our attention this evening.

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