Mary Butler (Waterford, Fianna Fail) | Oireachtas source

I thank Deputy Flaherty for raising this important issue and for offering me the opportunity to respond on behalf of the Minister, Deputy O'Gorman. I hope the statement I have will answer some of the questions he has raised. The unregulated nature of the provision of guardian ad litem services has been a matter of concern for some time. Currently, guardians ad litem, GALs, are appointed by the court for children who are subject of childcare proceedings under the Child Care Act 1991. GALs have an important role in that they are required to ascertain the views of the child and communicate these to the court. They are also required to make recommendations to the court as to what is in the best interests of the child.

This is an important role which gives a voice to vulnerable children during care proceedings. However, the current system of GAL appointments and the related appointment of solicitors and barristers to represent guardians ad litem is unregulated and ad hoc. The existing legislative provisions do not set out the criteria for appointing guardians ad litem or legal representation to a guardian ad litem. Tusla is obliged to pay GALs and their legal fees but has little oversight of how these roles are fulfilled. All GALs operating in the courts are self-employed individuals with many supported through network arrangements in relevant organisations. In the current system, many children do not benefit from GAL support during their court proceedings.

The main purpose of the Child Care (Amendment) Act 2022, which provides for the reform of the guardian ad litem system, is to enable the establishment of an executive office and, with that, a national GAL service within the Department of Children, Equality, Disability, Integration and Youth. Reform of the current model of GAL provision, which will be driven by the commencement of this legislation, is intended to ensure universal access to a GAL for all children so that their voices can be heard in childcare proceedings and to provide a high-quality service that is sustainable into the future. It is planned to move towards a largely salaried staff, supplemented by a panel as required.

Under the 2022 Act, GALs are not party to proceedings and thus the provision of legal representation will be a decision for the new national service. The new service will have its own in-house legal services and, as such, a guardian ad litem will have access to legal advice and representation when needed. Where GALs are subject to special care cases, they will have an automatic entitlement to legal advice and representation. Where GALs are appointed in proceedings before the District Court, they will have an automatic entitlement to legal advice whereas legal representation will be discretionary, subject to the child’s best interests. The in-house legal team will be salaried staff of the service, supplemented by a panel of solicitors and barristers. This will provide a clear fee structure for legal representation.

The Department is continuing to work towards the establishment of the guardian ad litem national service to enable the full commencement of the Child Care (Amendment) Act 2022. To assist these preparations, a consultant, Anthony Douglas CBE, was contracted by the Department in September of last year. The outputs of this consultancy will provide the operating model, practice manuals and workforce strategy for the new service. The development of these documents has involved significant engagement with relevant stakeholders to encourage their continued input in the shaping of the new service.

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