I am very glad to have the opportunity to speak to this Bill this evening and I welcome many aspects of it. I hope the many amendments to the Act as outlined will be positive and that they will provide greater supports for children who need them when they need those supports. I hope there will also be greater oversight of child protection, particularly in relation to the interagency committee. All of us have a responsibility when it comes to child protection and all of us have to play our part. The recent report into special care was clear that all agencies and not just Tusla need to be involved. There is a job of work within this legislation to build public trust again in Tusla because I think public trust has broken down. I look forward to seeing the Minister's amendments in relation to the National Review Panel. We saw the recent report in relation to Kyran Durnin. I really would like to see timeframes in place for recommendations particularly when the recommendations are for Tusla, An Garda Síochána and the Data Protection Commissioner. The recommendations that come from the National Review Panel are on really serious cases and I would like to see timeframes. In the short time I have to speak on the Bill this evening, I want to focus on section 21, the provision of legal advice and legal representation to a guardian ad litem who is appointed to a child in childcare proceedings. This is an issue I have raised with the Minister previously. As we all know, at the moment GALs have the right to legal representation and typically they are in the courtroom on behalf of the child with legal representation. Typically, Tusla is also there with legal representation and perhaps the parents are there with legal representation. I am really concerned for the development of the new service. GALs with 20, 25 or 30 years' experience and particularly the Independent Guardian Ad Litem Agency, TIGALA, the organisation that represents the vast majority of practising GALs in the State have raised issue after issue about this service, not for the fun of it. GALs have huge experience and care about what they do. They always have the child's interests at heart and they are not being listened to in relation to the issues they are raising. I believe all those issues to be genuine. Legal representation is just one issue they have raised. How can it be in a court of law that a GAL without guaranteed legal representation and acting on behalf of a child would be in such a vulnerable position when Tusla and the parent may have two sets of legal representation? The GAL is the voice of the child but has no legal representation unless the Minister of the day decides otherwise. How does that give the child a voice? How is that acting in the best interests of the child? It is the exact opposite and leaves them in a very vulnerable situation. I am really concerned about that amendment. Section 21 adds an extra consideration for the Minister in terms of making a decision to allow legal representation in a case where a child has his or her own legal representation, which is extremely rare. In the briefing note to our committee from the Department, the first line states the national service is being established to ensure children's voices are heard and their best interests are independently presented by an appointed GAL in childcare proceedings. It goes on to say the best interests of the child are paramount. If the GAL whose sole responsibility is to be the voice for the child is standing with no legal representation against up to two sets of legal representation in a courtroom, that is not in the best interests of that child. That is diminishing the child's voice. GALs are crying out in relation to this issue. AGALI has looked to meet the Minister and I asked her last November to meet it. I impress upon her that we are coming with genuine concerns. I ask her to pause the new national service, meet with AGALI and listen to its concerns. It has a wealth of experience. The Minister would not set up a new An Garda Síochána tomorrow without listening to, engaging with and meeting the gardaí. It makes no sense and I cannot fathom why it is being done. The other issue they have raised persistently relates to independence. Tusla and the new national service will come under the Minister's Department. GALs, who are supposed to be independent, will be in a court advocating for a child who is in the care of Tusla. This places limitations on them and the position it puts them in is not independent. Questions have been raised by AGALI and by GALs with decades of experience and have not been answered. I appeal to the Minister to sit down and meet them. If she meets them, sits down and listens to them and decides to proceed, then in some respects that is fair enough, if she has heard them out. I ask her to please meet and engage with them.

Sentiment score: 0.20