Dáil Éireann Debate, Tuesday - 13 January 2026
1903. Deputy Claire Kerrane asked the Minister for Children, Disability and Equality if she is concerned that her proposed reforms will diminish the independence of guardians ad litem as they will be State employees, create potential conflicts of interest and reduce the ability of guardians to advocate freely for children (details supplied); and if she will make a statement on the matter. [74368/25]
View answerThe Child Care (Amendment) Act 2022 establishes a statutory framework for the Guardian ad litem role, ensuring that children’s voices are heard in court proceedings and recommendations on their best interests are provided to the Court. This reform strengthens children’s rights by embedding a statutory, regulated Guardian ad litem system that ensures their voices are heard in public child care proceedings. The Child Care (Amendment) Act 2022 aligns with Article 42A of the Constitution, reinforcing the child’s right to have their views considered in decisions affecting them.
The Act explicitly safeguards the independence of Guardians ad litem role under Section 35E, which states that Guardians ad litem role shall perform their functions independently of all parties, including the State. This independence is reinforced through clear governance structures, professional codes, and statutory safeguards within the operational model of the Guardian ad litem National Service.
The Act, under Section 35D, also explicitly outlines that Guardians ad litem will have routine access to legal advice and, where necessary, legal representation to support their role effectively. All advice sought remains legally privileged. Operational procedures are being finalised to ensure Guardians ad litem can request representation where necessary, strengthening their ability to advocate for the child’s best interests and ensuring fairness in proceedings.
The Department remains committed to protecting Guardian ad litem independence through statutory safeguards, ensuring legal representation for Guardians ad litem where necessary, publishing operational policies and maintaining transparency, preventing waiting lists and safeguarding workforce stability.
The Guardian ad litem National Service has developed a comprehensive implementation plan to establish this new service and is available on www.gov.ie/GAL. Detailed operational policies are currently being finalised in consultation with stakeholders, including AGALI. The recruitment process for Guardians ad litem is being phased to ensure the continuity of the service and to avoid disruption to the current service provided for children. This Department recognises the reform programme workforce challenges and have proposed a grade structure prioritising existing Guardians ad litem to minimise impact on Tusla’s current child protection roles. Recruitment will focus on professionals who are already working as Guardians ad litem, ensuring continuity and avoiding destabilisation of frontline services. The implementation plan includes capacity planning and resourcing measures to prevent waiting lists. Budget 2026 allocates €12 million to the Guardian ad litem National Service to ensure adequate staffing and infrastructures are in place. The Department is committed to maintaining timely access to Guardians ad litem for all children.
The Department remains committed to transparency, safeguarding workforce stability, and ensuring timely access to Guardians ad litem for all children. I can confirm that the Guardian ad litem National Service will continue their engagement with AGALI in preparation for the commencement of the Child Care (Amendment) Act 2022
