The director of a planned new service to regulate guardians appointed to children in care legal cases said its aim was “accountability” and he was not concerned about the threat of litigation.
Pat Bergin said he believed the new guardian ad litem (Gal) service, to be operated by a unit within the Department of Children, would lead to better outcomes for children.
The current system “is not working well” and the concerns include that some Gals were allocated too many children, sometimes more than 100, he said. Some earn as much as €200,000, added Bergin.
Of the current 107 guardians, some do not spend much time on that work, he said. The new service has approval to employ 65.5 Gals at €75,000 annually. A panel will also be set up.
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“This is not about saving money, it is about accountability,” said Bergin, noting the Department of Public Expenditure and Reform has sanctioned just over €11 million for the service from its operational date of June to December.
He said he was “very happy” with the “more than anticipated” number of applications received for guardian positions and wondered how many Gals support litigation threatened by their representative body, the Association of Guardians Ad Litem Ireland (Agali).
Last week it emerged that the guardians were threatening High Court proceedings against the Minister for Children Norma Foley over the planned new service to regulate them.
Agali, which represents 96 per cent of the profession, said the service will “fundamentally undermine the constitutional rights of children” by “diminishing” and even silencing their voice in care proceedings.
Among concerns expressed by retired District Court judge Dermott Simms, Agali chairman, was that the new service would be a “step backwards” for children’s rights.
Gals will be employed as public servants and, notwithstanding the law saying they will be independent, they will be appointed and removed “at the Minister’s pleasure”, he noted.
The appointment and employment of guardians was a matter for the unit, and the Minister would have no role in that regard, Bergin, who was appointed director in January 2025, said during a media briefing on Thursday.
The new service engages regularly with Agali and with guardians and he was not sure all 96 members of Agali “are facing in the same direction”.
Gals were paid about €10 million last year, with another €10 million paid to their lawyers in legal fees, he said. Unlike the practice to date, where guardians appoint lawyers whose fees are then paid by child and family agency Tusla, the service will have an eight-member in-house legal unit and will establish a panel of solicitors to provide services when those are deemed necessary by the unit.
The Gals’ role is to provide reports to the court outlining their view on what is in the best interests of the child, and the child’s views, but the Child Care Act 1991, providing for the appointment of guardians, was “silent” about the process for implementing that, said Bergin.
A practice evolved under which, after a judge decided to appoint a guardian, that person was then contacted by lawyers for Tusla or social workers. The Gal met the child, prepared reports, engaged solicitors and Tusla paid the costs of the Gal and the lawyers.
The new service learned that 107 Gals receive payments from Tusla and about 3,500 children had a Gal. Three private companies are also involved in providing them – Tigala had about 40, Gallore had eight and Barnardos had 27 who are self-employed.
The Comptroller and Auditor General noted that Gals were paid €125 per hour and was concerned there was no governing structure, no accountability and no consistency across the State, he said.
Under transitional arrangements, existing guardians may continue to provide services for 12 months at €125 hourly and perhaps retain the existing legal representation after which they will either finish or, if appointed, move into the new unit.
