Vol. 399 No. 7
45 Mr. McCartan asked the Minister for Health if his attention has been drawn to the comments of the Chief Justice in the Supreme Court on 3 May 1990 in which he criticised the absence of legal aid in cases concerning the care and custody of children; and if he will introduce a scheme of legal aid for such cases; and if he will make a statement on the matter.
I presume the Deputy is referring to the judgment of the Supreme Court in the case of F v. The Superintendent of Ballymun Garda Station and the Eastern Health Board. I have studied the judgment delivered by Mr. Justice O'Flaherty and comments made by the Chief Justice. In his judgment, Mr. Justice O'Flaherty provides an authoritative interpretation of the Place of Safety provisions of the Children Act, 1908, in particular those provisions which empower the Garda in certain circumstances to intervene without warrant and place children at risk in care.
The interpretation which has been given accords with what had been the understanding of my Department and the health boards and it will be of considerable value in removing doubts and uncertainties which had crept in since an earlier judgment in the same case in the High Court late last year.
However, contrary to newspaper reports, the Chief Justice and Mr. Justice O'Flaherty did not refer to the question of legal aid for children but did comment on the desirability of there being some procedure available to enable a child involved in care and custody proceedings to be granted legal representation in his or her own right.
This is something that is being addressed by the Law Reform Commission in the context of its examination of the law in relation to child sexual abuse. The need for such provision will be considered by the Government in the light of the commission's final report on the subject, which is expected shortly. The views of the Supreme Court in this regard will be taken into account in that context.
