Seanad debates

Thursday, 14 July 2022

Child Care (Amendment) Bill 2022: Second Stage

 

9:30 am

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I very much welcome the legislation. I will give the Minister the opportunity to address some of the matters raised in pre-legislative scrutiny. Overwhelmingly we welcomed the legislation and the reform and putting in place of supports for the guardians ad litem. Observations that arose out of submissions, such as the Barnardos submission to the pre-legislative scrutiny in the children's committee, indicated that many proceedings involve everything to do with a child's life. If the process is before the District Court, a child is not automatically entitled to having a GAL in place.I assume the Minister has addressed that. It is about ensuring the child has their voice heard, which is at the core of all of this.

There are other matters. In some of those instances, a child is not a party to the proceedings. Does the GAL have the right to cross-examine on behalf of the child and to ask questions and raise issues? Does the GAL have a right to legal advice in the circumstances? It is about ensuring all of that is in place and that the structures are focused on what is in the best interests of every child when they are so powerless in many proceedings, in particular family court proceedings. These are important aspects, although they may be the subject of guidelines as opposed to specifically and expressly putting them in legislation.

Another feature that came up and was very well heard was this idea that, at times, a GAL with specific expertise may be needed. Therefore, from a judicial decision-making position, can particular individuals with that expertise be appointed, which would be very important? Again, that may be the subject of guidelines as opposed to express provisions within the legislation. I very much commend the legislation and thank the Minister for his work.

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