2026-06-23

15. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality the number of practising guardians ad litem that will be part of the new national service; and if she will make a statement on the matter. [47408/26]

It is apt to raise this question on the national service now that it is under way. Does the Minister have any figures for the number of practising guardians ad litem, GALs, who have signed up and will now be part of the national service?

The guardian ad litem national service has now been established following commencement of the Child Care (Amendment) Act 2022. This signifies a major step forward in delivering a high-quality, consistent service for children, grounded in children’s rights. There is a 12-month transition period for existing guardians, as set out in the legislation. This means that the GALs already appointed by the courts can continue in their current roles. Of the 107 guardians currently practising, 95 guardians ad litem applied and were successful in their application to avail of the transitional arrangements. This means that they may continue as appointed guardians from 23 June 2026 for 12 months, as set out in the legislation. All of these continuing appointments have been subject to updated checks. This is to ensure that the best interests of all children requiring a guardian are the focus of such measures, as intended by the legislation. The guardian ad litem national service has received approval from the Department of public expenditure for 92 posts, with 65 posts allocated as full-time employed guardians. Recruitment for these roles opened in December 2025 and the competition was conducted in partnership with the Public Appointments Service. There was strong interest in the role from both currently practising guardians and other appropriately qualified professionals. Thirty-five of the current practising guardians were successful in the selection process. Five employed guardians commenced employment with the national service on 22 June. A further 31 successful candidates are at contracting stage, of which 25 are current practising guardians. A further 25 candidates are going through the clearance stage with the Public Appointments Service. The objective is to have the 65 guardian posts offered in place by end of 2026. The guardian ad litem national service has engaged with existing guardians ad litem around the management of existing court orders during the period of transition. This covered standards of conduct and reviews of cases. Newly employed guardians will benefit from training on similar material at the outset of their employment with the national service. The Child Care (Amendment) Act 2022 also provides scope for setting and revising standards and practice on the function, training, record-keeping and conduct of the guardians.

I thank the Minister. I am glad she referenced record-keeping at the end of her contribution because an issue has been brought to my attention about the records of children. The new service is not going to seek any existing records of children and is not going to hold any records moving forward, which I find very odd. There will be children who will grow up who will have GALs. They might have one or they might have a number of them throughout their time. When those children get into adulthood, they may seek their records, information or correspondence - a letter that they wrote to a judge of the day or whatever it may be. All of that information is really important to them, especially for children who, regardless of the reason they end up in the care of the State, have some level of trauma. That record-keeping by the national service is important and I do not understand why it cannot be retained and managed within the national service. That may be something the Minister will look at. It was new to me, certainly.

I thank the Deputy. The Act provides scope for, in the first instance, setting and revising standards and practice as regards the function, training, record-keeping and conduct of guardians in their roles. The national service will keep these issues under consideration as it completes its work during the first 12 months from June 2026. On records, it is my understanding that cards or any kind of correspondence of that nature would be kept by Tusla. Anything pertaining to the court case is a different matter. I can get the Deputy further clarification on that. I acknowledge the great work of guardians. There is no doubt about it that they are advocates for the children. They speak for the children and first, last and always we want to the voice of children to be heard. This is a very positive step forward. I wish the director, the team, the guardians and everyone else working there every success with the work.

I believe that the Minister would agree and acknowledge that legal representation has been a major issue and one that GALs themselves have brought forward. It is something that they are genuinely concerned about it and something I have raised with the Minister many times. Given that it genuinely has been an issue, will it be looked at and data kept in terms of where legal representation from a GAL is sought and either approved or not approved? I have asked many times and I still do not have an answer as to why we would remove the guaranteed legal representation for a GAL standing in a court of law in which they may never have stood before, usually against Tusla and its representation and a parent and their legal representation. A GAL who has never been in a court in their life could be standing there with no legal representation. When I put this to the head of the national service, she told me that if there was an issue one day in court, the service would look at it again. However, what are the consequences of that day in court? That child could be sent here, there or anywhere. Looking at it the next day really is not good enough, given the consequences that this can have on a child's life. Will data be held in relation to that legal representation, given that it genuinely has been an issue?

I accept that queries have been raised around legal representation. I wish to confirm that I have met with the directorate and there is an in-house legal team of a number of very highly qualified individuals with the appropriate legal background who make themselves available at all times for any kind of legal advice that might be required. I have met the head of legal in that respect and she has ensured me that she and her team are available at all times. There is also very specific legal representation available should a guardian ad litem be bringing a case, be party to a case or whatever the case may be. It is very reassuring that the legal team is available at all times. For the first time, there will be legal representation in each of the areas covered by the courts. That is also very important. If representation is needed at the last minute, it is available. I accept the concerns that have been raised but the directorate has worked hard to ensure those fears are allayed.