Results 801-820 of 7,359 for speaker:Katherine Zappone
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: Okay. I will reflect on what the Deputies have said as well.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: I respect the Deputy's view but, again, I certainly do not think that is the case. Obviously we read the Bill as a whole, although I am not suggesting that the Deputy is not doing that, lines 34 and 35 on page 8 outline that: The court or any party to the proceedings may call a guardian ad litem appointed for a child as a witness. This does not limit the guardian ad litemto the role...
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: I understand.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: If it is taken out, how would they be called at all?
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: To be fair, we have also spoken to the stakeholders.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: I did not give that.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: That instruction to disallow did not come from me.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: The Deputy mentioned the party issue. That comes later, but it is important to emphasise that as matters stand a guardian ad litemis not a party and has never been a party. At the court's discretion he or she is sometimes allowed to exercise party-type rights. That is an important distinction because it emphasises that discretion resides with the court to allow the guardian ad litemto work...
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: I started discussing this in regard to the last issue. It is important to emphasise that, as matters stand, a guardian ad litem, GAL, is not a party, and has never been a party. It is at the court’s discretion that they are sometimes allowed to exercise party-type rights. That is an important distinction but it emphasises that discretion resides with the court to allow the guardian...
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: To respond to Deputy Sherlock and the solicitor he quoted, we are trying to provide clarity. I agree with that. We are using this form of words to indicate that a guardian ad litembeing a party to proceedings is not the default position. That is the primary issue. On the point raised by Deputy Rabbitte, as I understand it, a child can be made a party under this Bill, which is not current...
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: The Deputy has raised that point a couple of times. The primary objective and whole point of what we are doing is to change the situation, as described by the Deputy. The legislation will clearly define the role of the guardian ad litemand place the guardian ad litemon a statutory basis. It will establish an office to oversee that and a panel. This will put a whole new system in place so...
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: If the Deputies withdraw the amendment, we could revisit the matter on Report Stage after I have reflected on what they have said.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: I will speak to amendments Nos. 15 and 16, with which I do not agree.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: The primary purpose of requiring a guardian ad litemto consult parties to the proceedings, or the relevant counsel or solicitor, is to ensure there are no unnecessary delays in proceedings or disruptions to the child by a guardian ad litemapplying unnecessarily to a court to procure a report that the social worker has already requested. In addition, it is important for all parties to the...
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: That is sufficient because the other amendments are dependent on amendments Nos. 15 and 16.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: I understand what the Deputy is saying.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: I appreciate that. I think the Deputies would agree that guardians ad litemare not social workers. We hope that in the short to medium term, the issue with the shortage of social workers will change.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: One of the primary concerns underlying saying "No" to the amendments is the issue with delay. I think that the judge really must consider the views of the child before appointing a guardian ad litem.
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: Did the Deputy refer to removing the discretion of the judge?
- Select Committee on Children and Youth Affairs: Child Care (Amendment) Bill 2019: Committee Stage (23 Oct 2019)
Katherine Zappone: This Bill is here for that reason.