Robert Troy (Longford-Westmeath, Fianna Fail)
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I move:

That leave be granted to introduce a Bill entitled an Act to amend section 26 of the Child Care Act 1991 (as amended), to empower the Minister for Children to make regulations by Ministerial orders under the aforementioned section, to amend section 26(4) to grant a court the discretion to retain a guardian ad litem in circumstances where a child becomes party to proceedings, and to amend section 26(10) of the Child Care Act 1991 (as amended), to provide judicial guidelines for the appointment of a guardian ad litem in child care proceedings.

Let us put this into context. The last budget left the relevant allocation €18 million short of meeting day-to-day expenditure. This has resulted in making savage cuts to rape crisis centres throughout the country as well as domestic violence support services, among others. Tusla simply does not have enough resources to fund child protection and welfare services properly. Given the shameful number of children in care who remain without an allocated social worker and the fact that 3,000 high priority cases throughout the country have yet to be assigned to a social worker, it is scandalous that scarce resources are being spent on an unregulated and chaotic system while we do not have sufficient front-line staff to help vulnerable children.

When I questioned the Minister about these costs he confirmed that the Child and Family Agency, the body responsible for administering the guardian ad litemsystem, could not provide the information on exactly how much is paid out to individual guardians. Remarkably, the financial system of Tusla does not have details on the number of individual guardians ad liteminvolved, despite the exorbitant fees being paid out under the scheme.

The high fees for legal representation are a gross waste of public money at a time when there is a shortage of social workers. One of the most serious issues arising is the fact that this area remains unregulated. We do not know who can be appointed or what criteria or qualifications they need to meet to be appointed. Moreover, there are serious variations from region to region in appointments. It is shocking that the Minister does not even know how many guardians ad litemare receiving these payments, a clear indication that there are serious management issues in his Department and Tusla with regard to the guardian ad litemsystem. The system is chaotic and mismanaged at the moment. It is not child-centred or child-focused. It is a cash cow that is being manipulated and abused for the benefit of a few.

The Child Care (Guardian Ad Litem) Bill 2015 will establish and provide for the ongoing regulation of an independent appointment system of guardians ad litemin the context child care proceedings. The Bill mandates Tusla to undertake the supervision, training, monitoring and accountability of all individuals involved in the appointment and the training of guardians ad litem. The Bill obliges the Minister to introduce regulations. Along with this Bill I will submit to the Minister a guideline set of regulations that can be introduced to establish codes of practice and professional standards for the guardian ad litemsystem.

The Bill and the regulations deal with a number of key reforms of the current system. The Bill makes a number of key amendments to section 26 of the Child Care Act 1991. It amends section 26(4) of principal Act by granting courts the discretion to retain a guardian ad litemin care proceedings in circumstances where a child becomes a party to proceedings.

In addition, the Bill provides uniform judicial guidelines that a court must consider in appointing a guardian ad litemin child care proceedings. These provisions allow a court to appoint a guardian ad litemin various contexts to ensure accountability by both judges and guardians ad litem.

The proposed regulations would introduce a variety of important systemic reforms to improve fundamentally the independence and ongoing professional competence of all guardians ad litem. The proposed regulations would establish the Guardian Ad Litem Advisory Board for the first time. This body is to be an independent authority with statutory responsibility for ensuring the minimum qualifications; educating and training guardians ad litem; providing for and maintaining the professional competence of all guardians ad litemon an ongoing basis; maintaining the responsibility for the appointment and payment of individual guardians ad litemin all cases; and the appointment of independent guardians ad litem. Furthermore the board, through the independent fitness to practise committee, would have an important role in ensuring accountability of guardians ad litemby determining complaints made against any of them, whether in respect of bias, prejudice, discourtesy or otherwise, by any interested stakeholder.

I urge the Government and all parties seated here today to support this important Bill. The guardian ad litemsystem is in urgent need of reform and this Bill would achieve that reform. Scarce money should not be wasted on a chaotic system that is being exploited by a few, and the reforms introduced by this Bill will enable resources to be targeted where they should be, namely, into child and family services.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Is the Bill opposed?

Paudie Coffey (Waterford, Fine Gael)
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No.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Since this is a Private Members' Bill, Second Stage must, under Standing Orders, be taken in Private Members' time.

Robert Troy (Longford-Westmeath, Fianna Fail)
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I move: "That the Bill be taken in Private Members' time."