Barry Andrews (Dún Laoghaire, Fianna Fail)

This is one of issues we are considering in our assessment of the implementation of the guidelines on guardians ad litem, not just in the special care area but throughout the sector. Substantial legislation may be required, or little or none. This work has been carried out only since May last year. However, some regulation is definitely required, as is a change in the way guardians are paid in order that unseemly disputes between the HSE and guardians are eliminated. It is an excellent service and works well.

The question that follows on from this is whether all guardians need to be legally represented. If the HSE is legally represented, one would say there should be an automatic entitlement to proportionate legal representation, whether it be a junior counsel, a senior counsel or a solicitor. Clearly, this would involve a charge on the State and one can see why the amendment has been disallowed by the Bills Office.