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Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: I ask Deputy Connolly to bear with me for a minute. She understands-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: She is probably surprised at our level of-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: These public family law-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: When we talk about public family law proceedings, we are not talking about cases in public.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: The committee will understand my misunderstanding. I know there are learned people who represent a small percentage within the system and who understand this, but if I as a Deputy read about public family law proceedings, I only come to one conclusion, that it is a public family law proceeding, not involving-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: I understand that, but-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: -----to go back to the juvenile court, the State is involved in those cases-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: -----and there is no guardian ad litem-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: They are public hearings.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: If I am a little bit confused, the public is confused. I take myself as a barometer. If I am confused in this issue, others will be. To return to the juvenile courts, they involve public law proceedings because it involves a public body. Dr. Lynch is telling me that in public proceedings, there is no provision for guardian ad litem.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: There should be.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: I am just making the point that while regular solicitors are very adept, they are doing speeding fines in the morning and dealing with these cases in the afternoon. We are talking about public law proceedings involving the State and vulnerable children who are before the courts. They are probably some of the most vulnerable children yet Dr. Lynch is telling me that the guardian ad...

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: But they are not included.

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: I have a number of other points. Dr. Lynch will have to come back to us to explain the public cases or public law proceedings where the guardian ad litemprocedure exists and where it does not exist. There is a presumption by anyone watching proceedings on Oireachtas TV that this covered vulnerable children in the courts and now we are-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: I am learning but I am a bit-----

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: We have a report in front of us that I thought covered vulnerable children in court. I now realise it only covers some vulnerable children in some courts. That is all I am saying. I thought I had the full picture here today. I clearly have a detailed, very thorough account which is only part of the picture. That is all I am saying. I thought I was dealing with the full picture until a...

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: When was the Act commenced?

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: On 12 April 2011, I submitted a written parliamentary question to the then Minister for Justice and Equality. It was probably around the time the legislation was going through. It was 12 April 2011. The reply I got stated, "Section 28 of the Guardianship of Infants Act 1964, inserted by section 11 of the Children Act 1997, regarding appointment of a guardian ad litemfor a child and...

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: Have parents a right to object to the appointment of a guardian ad litem? Does that happen?

Public Accounts Committee: Report of the Accounts of the Public Services 2015
Chapter 11 - Guardian Ad Litem Service
(19 Jan 2017)

Seán Fleming: Pardon.

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