Brendan Griffin (Kerry, Fine Gael)
Link to this: Individually | In context | Oireachtas source

688. To ask the Minister for Children, Equality, Disability, Integration and Youth the status of the development of a guardian ad litem service in Ireland following the 2020 allocation of funding (details supplied); the details of the recruitment; and if he will make a statement on the matter. [14600/22]

Roderic O'Gorman (Dublin West, Green Party)
Link to this: Individually | In context | Oireachtas source

The GAL project team, which was responsible for planning the establishment of the guardian ad litem service within the Department, was paused in 2020. This decision was taken because of delays in progressing the legislation following the dissolution of the Dáil in February 2020, and because of competing priorities in the Department arising out of the Covid-19 pandemic.

Government approval was granted in October 2021 for the drafting of the Child Care (Amendment) [Guardian ad litem] Bill 2022. The new Bill has been strengthened to address stakeholder concerns, but is largely very similar to the previous 2019 Bill, which fell with the dissolution of the Dáil in February 2020. The General Scheme and Heads of the 2022 Bill underwent pre-legislative scrutiny with the Joint Oireachtas Committee for Children, Equality, Disability, Integration and Youth. The Committee published their report in February. Having examined this report, my Department has now finalised the text of the Bill with Parliamentary Counsel and will seek Government approval to publish the Bill in the coming weeks.

The proposed legislation aims to address significant inadequacies in the existing arrangements.

- The Bill provides the statutory framework to enable the Minister for Children, Equality, Disability, Integration and Youth to establish aNational GAL office. It is intended that this will include a legal unit.

- It introduces a presumption in favour of a GAL being appointedfor all children in child care proceedings and mandatory appointment of GALs in all proceedings which involve detaining a child under Section 25 of the Mental Health Act, 2001 or in special care under the Child Care Act.

- It specifies the role and statusof a GAL and sets out the process whereby an individual GAL is assigned to a child care case.

- It provides that the Minister may make regulations on the qualifications and experiencerequired to act as a GAL.

- It provides that a GAL may request:

- legal advice, which the Minister will be required to provide, or arrange to be provided.

- legal representation, which the Minister may provide, or arrange to be provided, having regard to a list of specified factors.

- In special care proceedings, and proceedings under Section 25 of the Mental Health Act, provision of legal advice and legal representation will be automatic.

- It provides for a transition period in the first year of operation of the GAL Office to provide for a seamless transition from the current system of provision to the new model of provision through the new national GAL service.