Written answers

Thursday, 7 July 2022

Department of Children, Equality, Disability, Integration and Youth

Guardians Ad Litem

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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269. To ask the Minister for Children, Equality, Disability, Integration and Youth the extent to which the guardian ad litem rules sufficiently protect the interests of children; and if he will make a statement on the matter. [37009/22]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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Currently, guardians ad litem, or GALs, are appointed by the court for children who are the subject of child care proceedings under the Child Care Act 1991. The GAL has an important role in that they are required to ascertain the views of the child and communicate these to the court. They are also required to make recommendations to the court as to what is in the best interests of the child.

This is an important role which gives a voice to vulnerable children during care proceedings; however the current system of GAL appointments is unregulated and ad hoc. The existing legislative provisions do not set out the qualifications and experience necessary to work as a GAL. The role and functions are not defined, and there is no requirement on the court to appoint a GAL. These factors have led to inconsistencies in service provision across the country, which is a matter of concern to me.

To address these issues, I have brought forward the Child Care (Amendment) Bill 2022. This Bill is intended to regulate and expand the provision of the GAL service in a consistent manner across the country. The provisions of the Bill will enhance the rights of children and will ensure that high quality assistance is available to the courts. The Bill has completed its passage through the Dáil and is shortly due before the Seanad.

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