Dáil Éireann Debate, Thursday - 7 October 2021
327. Deputy Mattie McGrath asked the Minister for Children, Equality, Disability, Integration and Youth the total spend on guardian ad litem arrangements in each of the years 2016 to 2020 and to date in 2021; the position regarding the proposed legislation to regulate this sector; and if he will make a statement on the matter. [49045/21]
View answerGuardian ad litem (GAL) arrangements for children who are the subject of public law child care proceedings are currently provided for under the Child Care Act, 1991. Section 26 of the 1991 Act provides for the appointment of a GAL in respect of care proceedings where a child is not 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 GAL appointed.
The role and function of a GAL is to inform the court of the child’s views and to advise the court of what, in the GAL's professional opinion, is in the best interests of the child. Tusla, the Child and Family Agency is obliged to pay fees and costs incurred by GALs in the performance of their functions, but under the 1991 Act has no role in their appointment or oversight.
A breakdown of payments to GALs since 2016 is provided in the following tables.
The Child Care (Amendment) [Guardian ad litem ] Bill 2019 had completed Committee Stage when it fell with the dissolution of the Dáil in February 2020. On the 4th of October 2021, a General Scheme and Heads of Bill along similar lines to the previous Bill was approved by Cabinet and approval was granted for the priority drafting of the Child Care (Amendment) Bill 2021. The new Bill will include some changes to address concerns raised by stakeholders.
The principal aim of the proposed legislation is to address significant inadequacies in the existing arrangements. The overall objectives are to extend the GAL system to benefit the greatest number of children and young people, and to provide a service that is high quality and sustainable into the future. It is proposed to establish a new national GAL service within an Executive Office of my Department, and Tusla will no longer have any responsibility for payments to GALs.
GAL costs 2016-2020:
|
- |
2016 |
2017 |
2018 |
2019 |
2020 |
|
GAL Costs Total |
8,150,422 |
7,699,428 |
8,443,092 |
8,349,814 |
7,818,497 |
|
GAL Legal Fees - Counsel |
1,391,676 |
993,637 |
922,556 |
950,419 |
1,193,427 |
|
GAL Legal Fees - Solicitors |
5,679,727 |
5,344,028 |
5,287,156 |
5,212,487 |
5,095,916 |
|
Grand Total € |
€15,221,825 |
€14,037,093 |
€14,652,804 |
€14,512,720 |
€14,107,840 |
GAL costs 2021:
|
2021 preliminary figures to end July |
Total: €8,139,736 |
