Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Guardians Ad Litem

Dáil Éireann Debate, Tuesday - 27 January 2026

Tuesday, 27 January 2026

Ceisteanna (850)

Shay Brennan

Ceist:

850. Deputy Shay Brennan asked the Minister for Children, Disability and Equality the steps she is taking to ensure that the independence of guardians ad litem is fully protected under the proposed new Guardian ad Litem National Service; the rationale for the proposed governance structure; the extent of consultation undertaken with practising guardians ad litem and their representative organisations; the measures being put in place to prevent the emergence of waiting lists for guardian ad litem appointments; and if she will make a statement on the matter. [5648/26]

Amharc ar fhreagra

Freagraí scríofa

The Guardian ad litem National Service will a nationally organised and managed service 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 mid-2026, following Ministerial approval.

This Department established the Executive Office, Guardian ad litem National Service in January 2025. It's mandate is to establish the National Service and prepare for commencement of the Child Care (Amendment) Act 2022, ensuring the Act achieves its intended government policy objectives.

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.

Ongoing engagements with stakeholders have taken place and continue to be part of the Department strategy in the preparation for the establishment of the National Service. Since January 2025, the Executive Office has had extensive engagement the Guardians ad litem and their representative Association. This process is ongoing and further engagements are scheduled to take place in the coming months. Other stakeholders include the Executive Office are engaged with include; Courts Services, Judiciary, Law Society, Children Rights Alliance (CRA), Empowering Children in Care (EPIC), Tusla, Irish Foster Care Association (IFCA), Department of Justice, Home Affairs and Migration and Department of Public Expenditure and Reform (PER) and others.

Under the Guardian ad litem National Service, Guardians ad litem will be appointed from an authorised panel by the Minister, following a court order arising from child care proceedings. Following commencement there will be a transitional period where existing Guardians ad litem, who have followed the necessary procedures, may continue to work with children they have been appointed to under Section 26 of the Child Care Act 1991. Children, and their best interests, are at the centre of the Guardian ad litem National Service. The Service is committed to working with all stakeholders to prevent disruption for children before, during, and after commencement.

Roinn