Frances Fitzgerald (Fine Gael)

Part of this section deals with the right to representation and the appointment of a guardian ad litem. We have already raised the point about the voice of the child being heard as regards making a special care order. There is no automatic right to any representation for the child, either through the guardian ad litem or a solicitor. The question is whether the child should be provided with an automatic statutory right to representation. Where the child is old enough then obviously age appropriateness applies. If they have the competence to instruct a solicitor, should they be entitled to legal representation? Where the child is not old enough, should a guardian ad litem be appointed to act in the child's best interests? In addition, should a solicitor represent the child's view to the court and be their court advocate? Having worked in that area, I have to say the guardian ad litem is a very useful role. It is in a unique position, which is separate to all the others involved in this decision.

If it were possible to have this automatic right for the child, either through a guardian ad litem or a solicitor, it would strengthen the Bill. Children who are subject to special care orders can feel isolated and may see everyone as the enemy. However, if they feel somebody is representing them who is independent of the HSE or their family, that can be important. I ask the Minister of State therefore to consider whether he believes the opportunity for the child's voice to be heard should be strengthened by provisions such as these. The Minister of State said earlier he was willing to consider part of Senator Alex White's amendment No. 12, which suggests that might also be possible under this section.