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Ombudsman for Children Remit

Dáil Éireann Debate, Wednesday - 26 September 2012

Wednesday, 26 September 2012

Questions (13)

Jonathan O'Brien

Question:

13. Deputy Jonathan O'Brien asked the Minister for Children and Youth Affairs if she will outline her views on expanding the role of the Ombudsman for Children as per the recommendations of the Ombudsman contained in her report of March, 2012. [40714/12]

View answer

Written answers

The Ombudsman for Children produced a report in March this year entitled ‘A Report by the Ombudsman for Children on the operation of the Ombudsman for Children Act 2002’. This was in accordance with her role under Section 7 of the 2002 Act to review the operation of the legislation and she laid the report before the Houses of the Oireachtas in accordance with Section 13 of the Act.

This report contains a number of recommendations on a range of topics, some particular to specific sectors, including Justice and Education, and others with wider implications. One of the recommendations was to extend the remit of the Ombudsman for Children to complaints in respect of boys detained in St. Patrick's Institution. Having consulted with Minister Shatter in this regard, I made an Order by Statutory Instrument No. 210 of 2012 with effect from 1st July 2012 that removed this exclusion. In relation to other recommendations I wrote to a number of my Ministerial colleagues in July seeking their preliminary views on the recommendations which impact on their respective Departments.

In parallel with these developments my colleague the Minister for Public Expenditure and Reform, Mr. Brendan Howlin, is reactivating the Ombudsman (Amendment) Bill 2008. While this Bill relates in the main to the Office of the Ombudsman, rather than the Ombudsman for Children, there are common issues being addressed which have potential applicability to the Ombudsman for Children. Accordingly, my officials have engaged constructively with their colleagues in the Department of Public Expenditure and Reform and other Departments and with the Ombudsman for Children's office to consider the changes being proposed in the Ombudsman (Amendment) Bill 2008 and their applicability to the comparable provisions of the Ombudsman for Children Act 2002.

I understand that Minister Howlin will be advancing his proposals for Committee Stage amendments to the 2008 Bill shortly. I do not want to anticipate the parliamentary process in relation to Minister Howlin's Bill but I am confident that these proposals will address certain recommendations contained in the Report of March 2012 relating to the remit of the Ombudsman for Children.

I will consider the remaining recommendations of Ms. Logan's Report in consultation with my colleagues in Government and bring forward proposals for legislation, if appropriate, in due course.

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