Bernard Durkan (Kildare North, Fine Gael)
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48. To ask the Minister for Children, Equality, Disability, Integration and Youth if he is satisfied that the welfare and interests of children remain adequately protected in all guardian ad litem situations; the exceptions, if any; and if he will make a statement on the matter. [43509/24]

Roderic O'Gorman (Dublin West, Green Party)
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As Minister with responsibility for Children, I am committed to upholding the best interests of children in all situations.

Currently in public child care cases an independent Guardian ad Litem is appointed by the court to represent the child’s voice and best interests and to convey those to the court under section 26 of the 1991 Child Care Act which provides for the appointment of a GAL in child care proceedings. The 1991 Act does not set out the criteria for such appointments, the qualifications required to act as a GAL nor the role, function and status of a GAL in proceedings. The work undertaken by a GAL subsequent to appointment, and any action directed by the court on foot of recommendations made by a GAL, is a matter for the court.

The current system has been widely criticised for its lack of transparency surrounding the selection, registration and vetting of GALS, the lack of competitive tendering for legal representatives and high rates paid to GALs in comparison with other jurisdictions.

Against this backdrop my Department has a programme of reform of the GAL system underway as a matter of strategic priority. The Child Care (Amendment) Act 2022, which provides for reform of the GAL system, was signed into law on 19 July 2022. This Act enables me as Minister to establish a new GAL service, which will address the concerns raised and provide a standardised and regulated national service. The main purpose of the Child Care (Amendment) Act 2022 is to extend and regulate the guardian ad litem system for children involved in child care proceedings. The provisions of this Act are intended to enhance the rights of children and the capacity of the courts to make the right decisions in helping children and their families.

In the coming weeks it is my intention to announce the appointment of the Director for the new Service.