Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 551: To ask the Minister for Children and Youth Affairs her plans to expand the guardian [i]ad litem[/i] system. [35673/11]

Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 552: To ask the Minister for Children and Youth Affairs her plans to assign a guardian [i]ad litem[/i] to each separated asylum-seeking child as an additional safeguard to combat trafficking; and if she will make a statement on the matter. [35679/11]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 551 and 552 together.

Appointment of a guardian ad litem (GAL) is provided for under Section 26 of the Child Care Act 1991. Under this provision the court may, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so, appoint a guardian ad litem. As Minister for Children and Youth Affairs, I do not have any role in their appointment. Under existing arrangements, the Health Service Executive (HSE) has responsibility for the funding of the GAL service.

However, I am of the view that there is considerable scope to improve the organisation of the current service which has evolved in an ad hoc manner over a number of years. My Department is currently reviewing the provision of GAL services having regard to previous reports and current data on demand. Officials are working closely with the HSE in this regard with a view to establishing the most appropriate arrangements for the future organisation and delivery of this service. Preliminary discussions have also taken place with the Department of Justice, Equality and Defence in relation to this matter.

Separated children seeking asylum are deemed to be in need of care and protection under the Child Care Act, 1991 and are entitled to the same treatment and rights as indigenous young people. The immediate and ongoing needs of separated children seeking asylum as well as their application for refugee status are the responsibility of the HSE in accordance with the Refugee Act, 1996 (as amended) and the Child Care Act, 1991. Where children are identified by An Garda Síochána, at the point of entry, the circumstances are investigated and if there are any concerns about the welfare of the child, they are placed into the care of the HSE.

The HSE has developed a national policy on the standards and services to be provided to separated children seeking asylum. The policy seeks to achieve equity and equality of services to separated children seeking asylum vis a vis indigenous or resident children and to ensure that there is no differentiation of care provision, care practices, care priorities, standards or protocols.