Dáil Éireann Debate, Tuesday - 7 March 2017
823. Deputy Anne Rabbitte asked the Minister for Children and Youth Affairs if her attention has been drawn to the fact that certain guardians ad litem have been paid over €100,000 each for their services; her views on whether this is an appropriate expenditure; and if she will make a statement on the matter. [11298/17]
View answerSection 26 of the 1991 Child Care Act provides for the appointment of a guardian ad litem in respect of care proceedings where a child is not a party to those proceedings and where the court is satisfied that it is necessary in the best interests of the child and in the interests of justice to have a guardian ad litem appointed.
Section 26 of the 1991 Act also obliges the Child and Family Agency (CFA) to pay costs (fees, travel and legal representation) incurred by a guardian ad litem in the performance of his/her functions. The CFA has no powers under the 1991 Act to query any invoices for costs that are submitted by Guardians ad litem. My Department is kept informed of the expenditure details on a monthly basis.
My Department has developed proposals for the extensive reform of guardian ad litem arrangements, as it has been recognised that the current governance arrangements for the guardian ad litem service are not adequate. These proposals are focussed on establishing a nationally organised, managed and delivered guardian ad litem service by way of public procurement. The new national service will be responsible for providing guardians ad litem to the courts, supporting the professional practice and development of guardians ad litem and monitoring their performance. The national service will also be responsible for making legal advice available to guardians ad litem through an in-house legal facility and arranging legal representation for a guardian ad litem where it is deemed by a service provider to be required.
The role and function of a guardian ad litem in child care proceedings will be to inform the court of the child’s views and to advise the court of what, in the guardian ad litem’s professional opinion, is in the best interests of the child, and there will be a presumption in favour of the appointment of a guardian ad litem in all child care proceedings; where the court decides not to appoint a guardian ad litem, the court will be required to give the reasoning behind its decision.
Government approved the publication of the draft General Scheme and Heads of Bill at its meeting on 17th January 2017 and for its referral to the Oireachtas Joint Committee on Children & Youth Affairs for pre-legislative scrutiny.
The proposed legislative reforms will address the current fragmented arrangements and focus on achieving a consistent, high quality service that best meets the needs of vulnerable children and young people. It is intended that the reforms will result in the appropriate use of guardians ad litem in proceedings on a basis that is financially sustainable.
