Joe Flaherty (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank the Minister of State for taking this matter. A well-intentioned local solicitor opted to raise concerns with me regarding the appointment or assignment of guardians ad litem. Guardians ad litem are typically, but not necessarily, legal people, such as barristers or solicitors, and are appointed by judges to represent the interests of children in care. Their key functions are to ascertain the views of children who are the subject of care proceedings and to advise the court of these views as well as giving their considered views on what is in the best interests of the child.

Many in the House will remember the flurry of interest and concern about the appointment of what are colloquially known as GALs in 2017. It featured at the Committee of Public Accounts and likely precipitated the Child Care (Amendment) Act 2022, which provided for reform of the guardians ad litem system. I have sought details of the cost of assignment of GALs via a parliamentary question but, to date, have only been furnished with the cost for barristers alone and not solicitors or any other individuals. In 2022, 30 barristers were assigned guardian ad litem appointments at a cost of €636,000 or an average cost of €20,000. Last year, 40 barristers were assigned at a total cost of €946,000 or an average cost of €23,600. That is a significant increase year on year. I have not been furnished with the requested cost for solicitors.

Of course, we can put no price on the well-being and security of any child, but that well-being and security should not come doused in profiteering. By way of example, it would be helpful to revert to my local solicitor, who has voiced understandable concerns. This solicitor was assigned as a GAL by a District Court judge in a case where a 12-year-old child was being taken into care because of experiencing neglect and possible abuse in the home. The practice of appointing GALs is generally positive but there are concerns that the 2022 legislation has not delivered on the promised transparency on cost. This child already had a team of social workers attending to the matter, ensuring his or her welfare and also providing support, education and development for the mother. It is questionable whether there was a need for the appointment of a separate GAL in this case. Nonetheless, a solicitor was assigned in mid-2022 and provided representation for approximately 16 months and until such time as that child was discharged from his care, with the establishment of a full-time care order earlier this year. In total, this solicitor attended the District Court on nine occasions and ultimately submitted a bill to the HSE for €6,000 plus VAT, or an average bill of €666 for each of those nine brief court appearances.

On the day Tusla made an application for a full care order, a barrister also attended and issued a bill for €1,600 plus VAT for that one court appearance. Without question, there are circumstances where a guardian ad litemis needed and is beneficial for the child and family. However, the practice has to be regulated and the cost of assignments such as the one I have outlined needs to be examined. The example given is just one of many available nationwide. It is worrying that Tusla was unable to give a county-by-county breakdown of the cost of GALs on foot of my parliamentary question. Is the Minister of State satisfied that the 2022 legislation is adequately and effectively regulating the assignment and cost of guardians ad litem?

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