Child Care (Amendment) Bill 2022: Second Stage
Dail Éireann — 2022-04-28
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Kathleen Funchion (SF), Carlow-Kilkenny

I welcome the opportunity to speak on this Bill. It is good legislation. The Minister outlined the ad hoc nature of the current system. The work that guardians ad litem do is an important service. Where it works well, it works really well. However, we must always look at situations where it may not work well or is a little ad hoc .
I have a few questions that the Minister might answer in his response. I welcome the presumption of the appointment of a guardian ad litem . I see the point on the potential difficulty of a mandatory situation. I strongly feel that there is not much point in a mandatory situation if it is not working well and is not fit for purpose. In such circumstances, it becomes a tick-box exercise. I know there is a presumption that a guardian ad litem will be appointed. Is an appeals mechanism available in cases where someone believes he or she should have been appointed a guardian ad litem and none was appointed?
For me, the crucial element is the status of the guardian ad litem . I am open to correction but I understand that guardians ad litem are sometimes referred to in this legislation as "witnesses". Maybe that has been changed but it is important that the language makes clear that they are representatives because that is exactly what they are. They represent the child's voice and it is really important that they do that, particularly for vulnerable children but also in general. We have had a lot of discussion, particularly in the last few days, around language and its importance. Last night, the House discussed the Birth Information and Tracing Bill. It is important that the guardians ad litem are referred to as representatives rather than witnesses. As I said, I am open to correction in that regard. I was a member of the Joint Committee on Children and Youth Affairs in the previous Dáil which carried out pre-legislative scrutiny of the Bill, and I know some significant changes have been made to the legislation since then. I will admit that it is a change that may have been made of which I am not aware. Are guardians ad litem listed as representatives? If not, can that be changed on Committee Stage? It is important that guardians ad litem are not relegated to the status of a witness, who has a much different status in court proceedings than someone who is a representative has.
I understand the guardian ad litem is currently entitled to access the full Tusla file.
I notice there is reference to it possibly being able to apply to the court for a file or for a report. However, are they not given that as an automatic right? If not, is that something we could consider changing on Committee Stage?
The three key concerns are whether there is any sort of appeals process if a person feels he or she should be appointed a gaurdian ad litem , GAL, and has not been, the status of the GAL vis-à-vis whether he or she is a representative or a witness and then the matter of accessing the full Tusla file, as currently. Maybe that is still going to be the case and the Minister is referring to potential additional information. The Minister might clarify those two points when he responds.
In general, I welcome the Bill. It is good. As I said, we had it in the last Dáil and it never progressed further so it is good to see it at this Stage. It is important the area is regulated. With anything relating to the voice of vulnerable children, it is important we have it 100% above board.

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Retrieved: 2026-08-14T04:50:23+00:00
Sitting date: 2022-04-28