A GROUP REPRESENTING advocates for children in child care court proceedings is taking legal advice over a new state service which would reduce their number by a third, claiming Minister for Children Norma Foley “appears to be unaware of the unravelling of… protections for children”.

Guardian ad litems (GALs) are currently appointed by the court to represent the voice of the child in legal proceedings and have the power to appoint solicitors, seek and submit reports and highlight gaps in the care system.

But the system has been unregulated, with long-mooted plans for a new service now progressing ahead of the launch of the new Guardian ad litem National Service later this year. The deadline for applying for a role with the new body was last week.

There are currently approximately 96 GALs operating around the country and 92 of them are now members of the Association of Guardians ad litem Ireland (AGALI).

Minister has “refused to meet” with GALs

Its members wrote to TDs on Friday, saying the proposed service being established under the Department of Children, Disability and Equality means that both Tusla and the new Guardian ad Litem service will be responsible to the same minister.

“The child’s Guardian ad Litem will no longer be independent,” the letter said. “This will undoubtedly lead to a dilution of children’s rights and protections, undoing some of the positive steps that have been taken in child protection over the last number of decades.

“Minister Foley appears to be unaware of the unravelling of these protections for children.”

It also claimed the minister had “refused to meet” with them.

Two committee members of AGALI, Val Kerr and Terry Fox, said while there had been discussions with representatives of the new service, including its director, Pat Bergin, a meeting with the minister was necessary.

Kerr said AGALI was not opposed to regulation.

“All the practising GALs support regulation, we have suggested maintaining a register, but our suggestion is to do it independently so GALs remain independent. A number of agencies have done it themselves,” she said, referring to the likes of Barnardos and Tigala who run GAL services.

Fox said that the majority of GALs currently working have been providing a service for more than 10 years and are qualified social workers, but that some were uncertain about applying for the new service, while others felt they had “no choice”.

“The vast majority don’t agree with this [the operation of the new service], they don’t believe it is in the interests of children and anyone applying is because their backs are against the wall.”

AGALI is seeking a meeting with Minister for Children Norma Foley Alamy Stock Photo Alamy Stock Photo

The committee members also questioned how the new service would be less expensive than the current model, arguing that GALs at present don’t work 9-to-5 hours and don’t charge for travel expenses or receive entitlements such as pension contributions.

It means the group is now considering its options.

Fox said: “We are taking legal advice and our members are fully supportive of that.”

The group – which is chaired by retired judge Dermot Simms – outlined its concerns in two letters it circulated last September.

“We are concerned that issues that have arisen internationally with systemic GAL changes are possibly being repeated in Ireland,” the letter said.

The group also warned that the proposed changes could result in the state leaving itself open to “widespread litigation” over whether it upholds the constitutional rights of children as outlined in the 2012 referendum.

Concerns over “children’s rights disaster”

That point was backed by child law solicitor Gareth Noble, a partner at firm KOD Lyons.

He suggested a scenario where a father alleged to have raped his teenage child would automatically be entitled to legal representation, the right to attend court, the right to contest any evidence and seek any reports, and contest access rights. He said under the new system the child would not have the same automatic rights.

“They will need the permission of the minister and her department and that places that child at a material disadvantage regarding care planning and judicial decision-making in the best interests of that child,” he said.

“I have very serious concerns that Minister Foley is sleepwalking us into a children’s rights disaster that will have very serious political, legal and social consequences. The legislation cannot be commenced in the absence of a serious rethink of the design of the new system and a proper impact assessment on the rights of the child.”

Minister open to meeting “at an appropriate time”

The Department of Children said the independence of GALs was “a legislative requirement and a core value of the role” and that there had been ongoing consultation between existing GALs and those overseeing the new service.

“The minister remains open to the possibility of a meeting at an appropriate time in the future.”

The department spokesperson said of the new service: “It is the first time that Guardians ad litem will be regulated and supported on a national basis to deliver a high-quality, child-centred service. This is the key focus for the establishment of the new service rather than cost savings.”

The department also stressed there would be a 12-month transition phase, allowing GALs to continue working with the children they have been appointed to after the new service has started work.