Written answers
Tuesday, 1 July 2014
Department of Children and Youth Affairs
Proposed Legislation
Tommy Broughan (Dublin North East, Independent)
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634. To ask the Minister for Children and Youth Affairs further to Parliamentary Question No. 657 of 18 February 2014, if he will provide a progress update report on the work of his Department in conjunction with the Department of Justice and Equality in bringing forward legislative proposals to regulate the provision and delivery of services by guardians ad litem. [28052/14]
Charles Flanagan (Laois-Offaly, Fine Gael)
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As I stated previously in reply to earlier P.Q.s I am committed to reforming the established, largely ad hoc, basis of the existing arrangements in relation to guardians ad litem.
The position is that in care proceedings under the Child Care Act 1991, a guardian ad litem may be appointed by a Court. In accordance with the Act, guardians ad litem are appointed where the Court considers this necessary in the interests of the child and in the interests of justice.
My Department, in liaison with the Department of Justice and Equality, continues to actively examine 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. Discussions in this regard are progressing and 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.
The Child and Family Relationships Bill, 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.
It is anticipated that proposals for reform of the service will be brought forward in the coming months.
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