It is "vital" that advocates who represent the interests of vulnerable children in complex court cases remain independent of Government control, the chair of a group representing Guardians ad Litem has said.
A new national service for Guardians ad Litem (GAL) is being established under the Department of Children with changes due to come in from June.
The department defines GALs as qualified and experienced professionals who meet with children, get their views and provide a report to the judge, while also providing recommendations on what is in the best interest of the child.
A group representing the guardians is threatening High Court action in the form of a constitutional challenge over the plans to regulate the service.
Speaking on RTÉ's This Week, former district court judge Dermot Simms, who is chair of the Association of Guardians Ad Litem of Ireland (AGALI), said that guardians would prefer not to have to go down this road, but feel the child’s voice is being diminished as a result of the proposed change.
The association represents 92 of the 96 practitioners in Ireland.
Their core concern is that the new change will fundamentally undermine the constitutional rights of children.
Mr Simms said that guardians are independent of Tusla, are court appointed and act as the voice of the child and eyes and ears of the court.
He said that he hopes the Minister for Children will reconsider some aspects of what is intended or proposed and take account of concerns.
"That could be achieved in discussions."
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He said that it is vital guardians remain independent and added that it is very likely there will be a constitutional challenge to the provisions.
Change about accountability, says service director
Director of the new Guardian Ad Litem National Service Pat Bergin said that he did not expect the issue to end up in court.
He said the intention of the change is to meet the needs of children in care.
Mr Bergin said that the minister would continue to engage with the AGALI with a meeting to take place on Tuesday.
He added that he would then consider the arguments put forward and consider the next steps, but that the aim is to resolve this as quickly as possible to proceed as planned in June.
He added that the proposed change was about accountability, and was not about reducing costs.
Mr Bergin said any change will not go against current practice in terms of being independent.
He added that there has been an ad-hoc structure in place over the past 15 years and reform was determined to be needed when legislation on the matter went before the Oireachtas in 2022.
Mr Bergin said that, as is current practice, legal advice and representation will be available to GALs, but that the change was about putting structure in place, and that guardians will still have to form an independent view in the same process.
"We want to build on what’s currently there not do away with it," Mr Bergin said.
He said that there was no difference for someone being employed as a civil servant with the requirements to act independently, and somebody outside of this system.
He added that it was not about reducing costs, rather accountability.
Mr Bergin said it is believed that there are 3,500 children that avail of GALs, but no one is 100% sure.
