Dáil Éireann díospóireacht -
Tuesday, 24 Oct 1995

Vol. 457 No. 4

Written Answers. - Child Care Act, 1991.

Mary Harney

Ceist:

42 Miss Harney asked the Minister for Health the plans, if any, he has in relation to the implementation of section 26 of the Child Care Act 1991, which provides the courts with the power to appoint a guardian ad litem service in Ireland; the organisation which will provide this service; and if he will make a statement on the matter. [15511/95]

Minister for Health (Mr. Noonan,

Limerick East): I am pleased to inform the Deputy that I have signed an Order bringing 44 sections of the Child Care Act, including section 26, into operation with effect from 31 October 1995.

Section 26 empowers a court to appoint a guardianad litem for a child who is the subject of care proceeings under Part III or IV of the legislation where the court is satisfied that this is necessary in the interests of the child. Since this discretionary power is vested in the court, I have no function in relation to the appointment of guardians ad litem under the provision. It will be entirely a matter for the presiding judge in care proceedings to decide, first, whether the appointment of a guardian ad litem for the child is necessary and, secondly, who should be appointed.

I should explain that, in framing the provision, full regard was had to the varying circumstances of the cases likely to come before the court and to the need to ensure that the court would have a wide discretion in relation to the appointment of a guardianad litem for the child in appropriate cases. It was never envisaged that such appointments would be confined to staff of a particular organisation or to members of a particular professional group.