2026-04-23

122. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality if she is aware of serious concerns raised in relation to the new national service for guardians ad litem; and if she will make a statement on the matter. [28697/26]

I appreciate the Deputy raising the question and I acknowledge that she has raised it previously. The guardian ad litem, GAL, service is a nationally organised and managed service established to ensure that children's voices are heard and their best interests are independently presented in childcare proceedings by an appointed guardian ad litem. The target is 23 June for commencement of Part 7 of the Child Care (Amendment) Act 2022. The Department is continually working towards this launch date. The commencement of the national service marks a significant transformation of the sector. Children and their best interests are at the centre of the guardian ad litem national service. The need to reform the guardian ad litem rule under the Child Care Act 1991 had been highlighted for many years. The lack of defined qualifications, role and status, as well as an absence of appointment procedures for the guardians, has been widely acknowledged for many years. The new national service will create a national, professional and highly qualified service that better serves children in the courts. I am aware of the issues that have been raised by the Association of Guardians ad Litem in Ireland, AGALI, in relation to the new GAL national service. I received correspondence from AGALI on 30 January setting out their concerns. I met with their representatives on 24 February. Specific issues raised by them were referred to the Office of the Attorney General. Department officials have engaged with key stakeholders including: court services; the Judiciary; AGALI; Empowering People in Care, EPIC; the Irish Foster Care Association, IFCA; the NGOs; the Ombudsman for Children; Tusla; and care experienced young people. As part of the establishment of the national service, the Department hosted two policy consultations in Cork and Dublin to discuss professional standards, complaints and the code of conduct. We also hosted a townhall event with stakeholders, including guardians, in Miesian Plaza in June 2025. The executive office will issue further invitations and consultations online from 11 May. These consultations will provide current guardians with the opportunity to provide feedback on the appointment procedure, the training and the supervision policy, and the practice of audit procedures under the new national service.

If anyone wondered about the value of guardians ad litem, they only had to watch the "RTÉ Investigates" programme last night. We saw and heard from guardians ad litem who are powerful voices for the children that they look after, speak for and very much support through what can be a very challenging State care system. We also heard from Judge Dermot Simms, who I had in here last month for a briefing along with GALs to speak to the very serious concerns they have and he has for the national service. On a number of occasions the guardians ad litem have to, for want of a better term, go up against Tusla in a courtroom to speak for and advocate for a child. I cannot fathom how we can retain the independence of GALs as they go up against Tusla while both are under the one Minister and the one Department. That is where the question mark is over independence. The Minister will know of the issue I have raised many times in terms of the legal representation. I cannot understand how that cannot be maintained in terms of guaranteed legal representation.

I do not for a single second underestimate the importance of the powerful advocacy of guardians ad litem. They are hugely important. This process is to ensure that they have the appropriate supports, the appropriate regulation and that everything is as it should be. I reiterate that for many years there have been calls to examine this system to see how we can do better and to ensure that the voice of the child is very much at the centre. They are a very powerful resource. I do not take from that in any shape or form. The Deputy raised the legal representation. There has been, and there will be, no question in terms of access to legal representation. Advice will be available at all times and a head of legal has recently been appointed. If the guardians are party to a case, are bringing a case or it is a special care application, they will automatically also have legal representation. With regard to their independence, there are many examples of bodies under the aegis of one Department but being entirely independent. I want to be clear that the purpose here is to ensure it is a service that does as it sets out to do and the voice of the child is heard. We are doing all we can to ensure this would be the case.

When I hosted AGALI and Judge Dermot Simms last month I asked them to share one example case with me at that briefing. They spoke about two children under the age of 16 who were received into care for the first time and placed in a special emergency arrangement, SEA, which we saw much of in last night's programme. This was the first time they were placed into care and there was nothing else available. Tusla reported on the SEA over several months and they noted the staff were engaging positively with the children every day, that the children were comfortable and settled and that the placement was being overseen by an allocated Tusla SEA supervisor. When the guardian ad litem met with the children directly, the parents, the school and with Tusla and the SEA staff, they uncovered that the children were not being offered breakfast under the SEA. They were in school early enough to avail of the breakfast club but they were not actually enrolled in any breakfast club. The reported positive engagement was an hourly safety and well-being check of the children in their bedrooms. There was no attempt at connection. These were children who were found to be caring for themselves. Finally, the supervisor had visited the placement and was recorded as having met the children, met the staff and completed a risk assessment in one 21-minute visit. Now more than ever we need the guardians ad litem to have their independence and we need that legal protection retained.

I reiterate that the entire purpose here is to ensure that the guardian ad litem service is doing what it should do. I recognise that guardians ad litem are an incredibly powerful resource who are hugely important in presenting the view of the child. This is to strengthen the service and ensure the system works. It is important that the system is regulated and there is absolutely no doubt about that. It is important that access to legal support is there where a case has been made in this regard and there is no question of that. There is no question either about the independence of GALs. We can quote many other bodies that operate under the aegis of the Department. There has been consultation right across the board on the changes that have been brought in. There will be further consultations, with town hall events and meetings, and further engagement again from mid-May, and this will continue. This is to ensure we have the best possible service in place.