Dáil Éireann Debate, Tuesday - 2 May 2017
1428. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs her plans to bring forward legislation that would clarify the role of a guardian ad litem a representative to the court rather than witness or special adviser in child care proceedings. [20323/17]
Amharc ar fhreagraMy Department is currently working on legislation to reform the Guardian ad litem service in child care proceedings. Guardians ad litem perform a very important function in these proceedings both as a support for the children and young people involved and as an invaluable source of advice to the Courts in determining the best course of action in relation to the child’s care and welfare.
The reform proposals I am bringing forward will address significant inadequacies in the existing arrangements and will replace the existing ad hoc system with a high quality, child-centred, cost effective national service. Most importantly, it will extend the Guardian ad litem system to benefit the greatest number of children and young people.
In January, I published a General Scheme of a Child Care (Amendment) Bill 2017, as approved by Government. The General Scheme inter alia provides for a presumption in favour of a Guardian ad litem for all children in child care proceedings and that the Guardian ad litem will be independent in the exercise of his or her functions. These proposed functions are twofold i.e. to inform the court of the child's views and to advise the court on what is in the best interests of the child, having considered the views of the child. Under the new legislation, the Guardian ad litem will be required to promote and facilitate the child's right to a voice and to have his or her views heard in the proceedings and to regard the best interests of the child as the paramount consideration.
The General Scheme is currently being considered by the Joint Oireachtas Committee on Children and Youth Affairs and I look forward to their comments and observations on the General Scheme in the near future, including the proposed role and function of the Guardian ad litem. Subject to the outcome of this examination, I intend to publish the text of a Bill as soon as possible in the second half of this year.
