Catherine Murphy (Kildare North, Independent)
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Question 212: To ask the Tánaiste and Minister for Health and Children the reason, in view of the very high number of children in the care of the Health Service Executive and the number of children with disabilities, little action has been taken to make adequate provision for the representation of those children by provision of a guardian [i]ad litem[/i] service which could act as the voice of children in court proceedings; and if she will make a statement on the matter. [4725/06]

Catherine Murphy (Kildare North, Independent)
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Question 214: To ask the Tánaiste and Minister for Health and Children when she anticipates the examination, by the national children's office advisory committee, of the Capita report and the various submissions from non-governmental organisations in its regard to conclude in order that action can be taken on the issue of guardian [i]ad litem[/i] services; and if she will make a statement on the matter. [4749/06]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 212 and 214 together.

One of the three national goals identified in the national children's strategy, NCS, launched in November 2000 is that "children will have a voice in matters which affect them and their views will be given due weight in accordance with their age and maturity". Various actions to be taken towards the achievement of this national goal are identified in the NCS, including a review of the guardian ad litem service. Guardian ad litems, GAL, are appointed in a number of different circumstances both in public and private law proceedings where the court perceives that such appointment would be in the interest of the child and consistent with the requirement of justice.

Within the public law sphere GALs are typically appointed by the courts under section 26 of the Child Care Act 1991 in the case of public law proceedings. This legislative framework means that a GAL can be appointed in public law proceedings in a range of circumstances at the discretion of the court and subject to the proviso that the child is not a party to the proceedings. These circumstances include: care proceedings, section 18; interim care proceedings, section 17; proceedings to vary or discharge a care or supervision order, section 22; applications by someone with parental responsibility for access, section 37; removal from placement, section 43; recovery of children removed from care, section 46; application for directions, section 47; andproceedings under sections 7, 8 or 11 or Part III of the Guardianship of Infants Act 1964, under section 3(3), 11(b) or 16(g) of the Judicial Separation and Family Law Reform Act 1989.

The role of the GAL has been extended to some Irish private law proceedings under section 28 of the Guardianship of Infants Act 1964, as inserted by section 11 of the Children Act 1997 although this section of the Act has not yet been commenced. The proceedings covered are custody and access disputes, contested applications by natural fathers for guardianship and applications by relatives and those in loco parentis for access to a child. The criteria set out allow a court to appoint a GAL "if satisfied that having regard to the special circumstances of the case it is necessary in the best interests of the child to do so". The criteria are detailed in section 28(2) to include the age and understanding of the child, the findings of any section 47 report, the welfare and wishes of the child and the submissions of the other parties.

Another area in which there has been much involvement of GALs has been in cases brought under judicial review, and a range of cases in the superior courts. These have covered various topics, ranging from the need to secure care for a child through to a dispute over the reduction or ending of specific health or social care services for a child with a disability. In these cases, GALs have advised the court on the wishes and best interests of the child. These cases are covered by the Superior Court Rules which give extensive powers to appoint a guardian ad litem for infants.

The appointment of a guardian ad litem is a matter for the judge in a particular case in accordance with the legal provisions and or the rules of court. Arrangements for the provision of GAL services have tended to be made on an ad hoc basis. In public law cases under the Child Care Act 1991 guardian ad litem services appointed by the court are funded by the HSE formerly the health boards although they have no formal role in the selection of the guardian ad litem.

The National Children's Office has being undertaking an overall review of the operation of guardian ad litem services across the public and private law spheres. The purpose of this exercise was, inter alia, to review the organisation and management of current guardian ad litem services and to examine the need for detailed guidelines on the appointment, role, function and powers of a guardian ad litem in public and private law proceedings and the ethical and professional standards required of them.

The work was put out to tender and the contract was awarded to Capita-Nuffield Institute consortium in early 2003. The consultants review was received in March 2004 and the Capita report was circulated to the relevant Departments for consideration and observations. Submissions were also sought from non-Government organisations such as the Irish Association of Young People in Care, Barnardos, the Irish Social Services Inspectorate, the National Children's Advisory Council and the Law Society. The report was also posted on the NCO website to facilitate as wide dissemination as possible.

My officials are working to identify the issues that should be prioritised in the short term and to map out the best methods and processes for advancing the work in the longer term. The matter is now being given priority within the new administrative structures of the Office of the Minister for Children.