I am committed to reforming the established, largely ad hoc, basis of the existing arrangements in relation to guardians ad litem.
The position is that in public law proceedings, under the Child Care Act 1991, a guardian ad litem may be appointed by a Court. In accordance with the Act, guardians ad litem are appointed where the Court considers this necessary in the interests of the child and in the interests of justice.
The responsibility for guardian ad litem payments in child care proceedings transferred from the HSE to Tusla, the Child and Family Agency, with effect from its establishment on 1st January 2014. The Agency does not procure or manage provision of these services and it is the Courts which make such appointments and to whom guardians ad litem report in an independent capacity.
My Department, in conjunction with the Department of Justice and Equality, continues to actively examine all aspects of service provision, including the matter of legal representation for guardians ad litem, with a view to the introduction of more regulated and sustainable provision in this area for public and private law proceedings. The aim is to bring forward the necessary reform proposals as soon as possible.