Vol. 457 No. 7
120 Mrs. Geoghegan-Quinn asked the Minister for Health the way in which his Department will ensure the independence and effectiveness of the guardian ad litem service in court proceedings; the officials, if any, his Department has responding to an extensive submission made to them by a non-governmental organisation involved in the area of childcare; and if he will make a statement on the matter. [16236/95]
I presume the Deputy is referring to the appointment of guardians ad litem for children who are the subject of proceedings under the Child Care Act, 1991.
As I explained in my reply to a question from Deputy Harney on 24 October, section 26 of the Child Care Act, which came into operation on 31 October, empowers a court to appoint a guardian ad litem for a child where the court is satisfied that this is necessary in the interests of the child. Since this discretionary power is vested in the court, my Department has no function in relation to the operation of the section nor in relation to appointments under it. It will be entirely a matter for the presiding judge in care proceedings to decide, firstly, whether the appointment of a guardian ad litem for the child is necessary and, secondly, who should be so appointed.
My Department has received submissions from a number of non-governmental organisations concerning section 26 and they have been advised of the position accordingly.
