Dáil Éireann Debate, Tuesday - 27 November 2012
610. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs the cost of a Guardian ad Litem; who supplies Guardian ad Litem services; if Guardian ad Litem will be a feature of every case involving a child under Amendment 31; the cost to the taxpayer; if Barnardos, ISPCC and Children's Rights Alliance offer Guardian ad Litem services; and if she will make a statement on the matter. [52836/12]
View answerAppointment of a guardian ad litem (GAL) in child care cases is a matter for the Courts. Under section 26 of the Child Care Act 1991, the Court may appoint a guardian ad litem to a child who is the subject of care proceedings, if it is satisfied that it is necessary in the interests of the child and in the interests of justice to do so. They are always appointed where a child is subject to Special Care proceedings.
Currently GAL services are provided by Barnardos, a small number of agencies and a number of self employed independent guardian ad litem. The HSE has advised me that the total GAL costs for 2011 amounted to €4.6 million.
The amendment to the Constitution makes explicit reference to the best interests of the child as the paramount consideration when significant decisions in relation to the child are being made. It means that legislation must be enacted to require that the best interests of the child must be the paramount consideration when a Court is making any decision in relation to proceedings taken by the State where it intervenes to protect the safety and welfare of a child and issues of adoption, guardianship, custody of, or access to, a child in proceedings between any persons. In addition, the amendment gives recognition at constitutional level to the rights of the child to have their views heard and given due weight in such Court proceedings.
The ascertaining of the views of the child as specified in the Amendment in other judicial proceedings, will require a review of all the related legislation to ensure it meets the new constitutional standard. The views of a child do not necessarily have to be mediated by a guardian ad litem, although this is appropriate in some cases. it is likely a range of arrangements will be put in place across both child protection, guardianship, adoption, access and custody proceedings to ensure children's views are heard. The Minister for Justice and I are reviewing the needs in this area.
