Written answers

Wednesday, 8 July 2015

Department of Children and Youth Affairs

Child Care Services Regulation

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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16. To ask the Minister for Children and Youth Affairs his plans to take measures to reform or regulate the guardian ad litem system; and if he will make a statement on the matter. [27368/15]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Guardian ad litemservices, under the provisions of the Child Care Act 1991, are currently organised and provided on an unregulated and ad hoc basis and, in the absence of extensive and fundamental reform, the service will not be sustainable into the future. The service now incurs an annual spend of over €16 million, and needs to be grounded as a consistent, accountable and sustainable national service. My Department is currently preparing policy proposals to achieve this objective.

A ‘root-and-branch’ reform is envisaged. Work on the policy proposals is being informed by a number of considerations and sources of information, including work done by the former Children Acts Advisory Board. The objective is to put in place a comprehensive legislative basis for the delivery of a high quality and sustainable service, on a national basis.

The reforms must ensure the best interests of the child, the centrality of the courts and the independence of guardians ad litem,but must also put in place a nationally managed service that is cohesive, accountable and sustainable. In Ireland, as in other jurisdictions, the service is subject to increasing demand and finite resources. I am determined to achieve best possible use of the substantial level of funding that has already been allocated to this area.

Reflecting elements identified by the Children Acts Advisory Board, proposed statutory arrangements will aim to address such matters as guidance as to circumstances for appointment, the qualifications that will be required for appointment, a well-defined role and responsibilities for the guardian ad litem, their legal status in proceedings, and legal representation.

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