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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: 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.

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

Seán Fleming: Who makes the case? Who will make the case in future for a guardian ad litemto be appointed?

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

Seán Fleming: Have there been situations where a child or a minor has had more than one guardian ad litem? Does Dr. Lynch have information on that? Does it happen?

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

Seán Fleming: Can Mr. McBride talk to us about that?

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

Seán Fleming: Is there information on that? I suggest the Department tries to get that information before passing legislation on the system. How many times do we hear in other parts of the State that somebody is assigned a social worker and the next year it is a different social worker? I am not suggesting it is happening with guardian ad litembut if it is, we want to take preventative action to ensure...

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

Seán Fleming: Dr. Lynch mentions with regard to the public consultation on drafting this legislation that the Department had information from all the stakeholders involved. Did the Department get much feedback from the children themselves - perhaps not a child who was placed at the time but somebody who had been through the system and was then an adult and well able to give feedback? As part of the...

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

Seán Fleming: This sounds to me like the HSE doing a public consultation about an aspect of the health service and not talking to the patients. It is fine to talk to the consultants, professional and representative bodies, trade unions, judges, the Courts Service, Tusla and everybody involved, but how about talking to the people who have been through it? I suggest that at this stage, before Dr. Lynch...

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

Seán Fleming: The Department should talk to people who have come through the system or people who are still in the system. It has been said here by Mr. McBride that some of these minors are well able to speak for themselves and know precisely their views. There is a deficiency in the public consultation to date which I hope will be corrected before the legislation proceeds because I would like it to be...

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

Seán Fleming: Yes.

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

Seán Fleming: If the Department asks, some might come forward.

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

Seán Fleming: I thank Dr. Lynch for that. He might not have thought some of it was directly related but it has followed through everything we have discussed here in public session. I learned something here today about who is eligible for guardian ad litem, or GAL, as Dr. Lynch refers to it, which is a term I hope I do not see in the new legislation, as I have said. Dr. Lynch will send the note to us. It...

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

Seán Fleming: The whole picture.

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

Seán Fleming: It is yet to be decided and we will watch developments carefully. Subject to the supply of the information, we will conclude our discussion in good faith. We assume it will come in the next week or two and I hope the witnesses will not leave it too long. Is it agreed to dispose of chapter 11 of the Comptroller and Auditor General report? Agreed. On behalf of the committee I thank all...

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