Seán Fleming (Laois-Offaly, Fianna Fail)
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443. To ask the Minister for Justice and Equality under the Child Care Act 1991 are guardian ad litem appointed for children who are not the subject of care proceedings or subject of a special care order; the mechanisms for such a process to be appointed where the children are within the care of their parents or legal guardian; the number of reports that have been requested in these situations; when a commencement order in respect of these matters was signed; and if he will make a statement on the matter. [42022/13]

Alan Shatter (Dublin South, Fine Gael)
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The 1991 Act only provides for the appointment of a guardian ad litem in proceedings taken under the provisions of that Act. I understand that the Deputy's question may refer to whether a guardian ad litem may be appointed to make a report when there is a dispute in proceedings under the Guardianship of Infants Act 1964 (as amended), concerning guardianship or custody of and access to the child.

As I indicated in response to Parliamentary Question No. 114 of 20th June 2012, "Section 28 of the Guardianship of Infants Act 1964, inserted by section 11 of the Children Act 1997, regarding appointment of a guardian ad litemfor a child and provision for separate representation of the guardian ad litem,has not been commenced. In the context of current budgetary constraints a matter of particular concern is the extensive costs which would fall on the Exchequer on the provision of a guardian ad litem service for children in family law proceedings. I do however acknowledge that circumstances arise where it may be in the best interests of a child that the assistance of a guardian ad litem be available to a court to assist it in the determination of a dispute under the 1964 Act.

In the context of planning for the potential implications of the constitutional amendment resulting from the Children referendum, the Department of Children and Youth Affairs, together with other relevant departments and agencies including the Department of Justice and Equality, is currently considering how best to ensure that the voice of the child can be conveyed in relevant proceedings, including proceedings under the 1964 Act. This is a matter I hope to address in the Children and Family Relationship Bill presently under preparation in my Department.