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

The response from the Minister, Deputy O'Gorman, is somewhat alarming. His written response reads:

The existing legislative provisions do not set out the criteria for appointing GALs or legal representation to a GAL. Tusla is obliged to pay GALs and their legal fees but have little oversight of how these roles are fulfilled. Currently all GALs operating in the courts are self-employed individuals with many supported through a network arrangements in relevant organisations. In the current system many children do not benefit from GAL support during their court proceedings.

When the Child Care (Amendment) Act 2022 was passed, we understood that many of the issues I have spoken about were to be addressed. It is clearly evident and somewhat disturbing that this has not been the case. Part of that legislation provided for a transitionary period in the first year of operation of the new executive office to provide for a seamless transition from the current system to a new model of provision. Despite this, the Minister tells us today that the Department is continuing to work towards the establishment of the guardian ad litem national service to enable the full commencement of the 2022 Act.

The response today is deeply troubling. It does not give me any reassurance. There is an onus on us to refer this to the Committee of Public Accounts and the Comptroller and Auditor General. Based on Tusla's inadequate responses to my parliamentary questions and the Minister's reply today, it is clear that we have little oversight, if any, of the operation of this scheme. We certainly have no indication of the true scale of the costs.

See this speech in context