Dáil Éireann Debate, Wednesday - 21 October 2015
33. Deputy Mattie McGrath asked the Minister for Children and Youth Affairs the legal costs for guardians ad litem, as appointed by the courts under the Child Care Act 1991, from 2011 to 2015; the progress in reforming the guardian ad litem process; and if he will make a statement on the matter. [35329/15]
View answerAs I have stated previously, I believe there is a clear need to radically reform the operation and management of guardian ad litem services, which are currently provided on an ad hoc and unregulated basis. The issue of reform is a legacy which my Department is actively engaged in addressing.
Under the Child Care Act, 1991, as amended, guardians ad litem are appointed by the Courts. The Child and Family Agency, which was established on 1st January 2014, has statutory responsibility for payment of any costs incurred by a person who has been appointed by a court to act as a guardian ad litem under that Act. Prior to 2014, the Health Service Executive had responsibility for payments incurred by guardians ad litem.
Legal costs incurred by guardians ad litem for 2014 totalled €7,457,717.97, which is composed of €6,017,312.06 in respect of Solicitors fees and €1,440,405.91 in respect of Counsel fees.
Legal costs for guardians ad litem from January to August 2015 totalled €3,702,965.16, which is composed of €2,992,274.86 in respect of Solicitors fees and €710,690.30 in respect of Counsel fees. These are the latest figures currently available for 2015.
In respect of data regarding legal costs for 2011, 2012 and 2013, the Child and Family Agency has been requested to issue a reply directly to the Deputy. As already indicated, such expenditure in the period in question was the responsibility of the Health Service Executive and it may be necessary for the Agency to contact the Executive regarding the matter.
In relation to progress on arrangements for an extensive overhaul of legislation and of the operation of guardian ad litem services, my Department issued a detailed Consultation Paper to stakeholder interests in the matter during last week. The Paper has also been made available on my Department’s website. The responses to this paper, which have been sought by 2nd November 2015, will be evaluated to inform the preparation of policy proposals for my consideration with a view to submitting the matter to Government.
The matter of legal advice and representation for guardians ad litem is among the areas for reform that are set out in the Consultation Paper.
