Dáil Éireann Debate, Tuesday - 12 May 2026
943. Deputy Michael Cahill asked the Minister for Children, Disability and Equality further to Parliamentary Question No. 1037 of 17 February 2026, if any progress been made in respect of an urgent matter (details supplied); and if she will make a statement on the matter. [34241/26]
View answerThe Guardian ad litem National Service has been established to ensure that children’s voices are heard, and their best interests are independently presented, by an appointed Guardian ad litem, in child care proceedings.
The Guardian ad litem National Service, as provided for under the Child Care (Amendment) Act 2022, will come into effect on 23 June 2026.
Presently there are approximately 3,000 children with 96 appointed GALs operating across the country.
The commencement of the Guardian ad litem National Service marks a significant transformation of this sector. The need to reform of the Guardian ad litem role under the Child Care Act 1991 has been highlighted for many years. The new National Service will create a national, professional, high-quality service that better serves children and the courts.
The lack of defined qualifications, role and status, as well as an absence of appointment procedures for the Guardian ad litem has been widely acknowledged for many years. These practices resulted in ad hoc and inconsistent practices across the jurisdictions.
The Child Care (Amendment) Act 2022 introduces a national framework, including a new Part VA, establishing standardised authorisation, appointment, and regulatory mechanisms.
Following commencement, there is a 12 month transitional period during which time existing Guardians ad litem who have applied and been approved, can continue working with the children they have been appointed to.
Stakeholder concerns:
The two issues raised consistently are independence of Guardians ad litem and access to legal representation.
The independence of Guardians ad litem in the performance of their functions is a legislative requirement and a core value of the role.
The Child Care (Amendment) Act 2022 clearly states that Guardians ad litem must act independently in their professional judgment and function.
Guardians ad litem establish their own views on the best interests of the child based on their direct engagement with the young person, meetings with social workers, significant people in their lives, and reports available to them.
The Guardian ad litem National Service Policies and Procedures recognise and promote the independence of the Guardian ad litem in their role.
The provision of legal advice will be available to Guardians ad litem through an inhouse legal team supported by procured legal services where necessary.
The Guardian ad litem National Service holds the view, supported by the AG’s Office, that the advice provided to Guardians ad litem is legally privileged. Regardless of whether the solicitor is employed or contracted, and regardless of whether the Guardian ad litem is employed or contracted, where legal advice or representation is being provided to a Guardian ad litem, it will belong to them.
The Guardian ad litem National Service is committed to ensuring that children receive the highest quality service, and that appropriate legal representation will be available Guardians ad litem.
Progress towards commencement:
Recruitment: Interviews have concluded for Senior Solicitors and Legal Executive. Final interviews for Solicitors to be completed in May. The first Regional Manager started on the 27 April, to support the preparation for commencement. The first tranche of interviews for Guardians ad litem took place in March. From this process 40 candidates have progressed into clearance.
• Child Participation: With the support of Foróige, the National Service has met with several care experienced young people to gather their views on the role of the Guardian ad litem and the complaints process. The feedback shared by these young people will inform the ongoing development of the service.
Stakeholder engagement:• Continuous engagement has taken place between stakeholders and the Guardian ad litem National Service. This remains a key element in the preparation for commencement. The National Service has engaged with Tusla, the Court Services, the Judiciary, the Association of Guardians ad litem Ireland, Empowering young People in Care, Irish Foster Care Association, NGOs including the Children’s Rights Alliance, the Ombudsman for Children’s Office, and directly with care experienced Young People.
Transfer of data:• The National Service has been working closely with Tusla regarding the commencement of the Act. An agreement is in place that Tusla will transfer information about children who currently have a Guardian ad litem to the National Service. This process is ongoing up to commencement, ensuring that the National Service has the information it needs so that there will be no disruption to children when the new service starts in June.
Tender for legal services:• A request for tenders for legal services closed on the 8 May. There was a very positive uptake to the tender request.
This will be a multi supplier Framework Agreement that will include the provision of legal advice to Guardians ad litem; representation in District Court child care proceedings; representation in High Court Special Care proceedings; and representation in Mental Health Act (section 25) applications.
