Written answers

Tuesday, 18 February 2014

Department of Children and Youth Affairs

Guardian Status

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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657. To ask the Minister for Children and Youth Affairs further to Parliamentary Question of 4 February 2014, in view of the large amount of expenditure incurred on guardians ad litem, their solicitors and counsel, if she will urgently be recommending that arrangements for the future organisation and delivery of the guardian ad litem service will be put on a statutory basis. [7653/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I believe there is a clear need to radically reform the basis to the current arrangements in relation to guardians ad litem. The current, essentially ad hoc, arrangements for the operation and management of guardian ad litem services is a legacy issue which my Department is addressing as a priority this year in liaison with the Department of Justice and Equality.

My Department is actively examining all aspects of service provision in this area, with a view to the introduction of more regulated and sustainable provision which will address a range of issues including payment arrangements. While mindful that it is, in fact, the courts who appoint guardians ad litem in care proceedings, the examination is taking account of the potential key elements of a reformed service such as criteria for the engagement of guardians ad litem, their role and responsibilities, their status, necessary qualifications and experience for appointment, and the basis for their remuneration.

Other reforms which have already been initiated or completed as part of the wider programme of legal reform relating to children are also very relevant. These reforms include the establishment of the Child and Family Agency on 1 January last, the amendment to Section 17 of the Child Care Act enacted in 2013 to reduce the frequency and related cost of renewing interim care orders, the introduction of national procedures relating to Court practice by the Child and Family Agency, the examination being given by the Minister for Justice and Equality to the establishment of dedicated Family Courts and the referral of a draft General Scheme and Heads of Bill in respect of the Children and Family Relationships Bill to the Oireachtas. This latter proposed legislation, which is being taken forward by the Minister for Justice and Equality, signals the proposed introduction of revised arrangements for guardians ad litem in respect of certain family law proceedings. This is an important context for the collaboration which is underway between both Departments.

I plan to bring forward legislative proposals to reform this area in the current year in collaboration with the Minister for Justice and Equality.

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