Dáil Éireann Debate, Wednesday - 20 February 2013
206. Deputy Regina Doherty asked the Minister for Children and Youth Affairs the State agencies or bodies not currently included under Schedules 1 and 2 of the Ombudsman for Children Act 2002; and if she will make a statement on the matter. [9026/13]
View answerI can inform the Deputy that Schedules 1 and 2 of the Ombudsman for Children Act 2002 Act were repealed by the Ombudsman (Amendment) Act 2012 - section 22(e) - with effect from November 2012. My colleague Minister Howlin in the Department of Public Service and Reform reactivated the Ombudsman (Amendment) Bill 2008 during the Summer of 2012. He proposed to make a number of revisions to the original Bill which also included some minor amendments to the Ombudsman for Children Act 2002. Having consulted with the Ombudsman for Children, I availed of the opportunity of Minister Howlin's draft legislation to make further changes to the 2002 Act, taking account of the views of Ms. Logan and her report on the operation of the 2002 Act in March 2012. The new legislation extends the range of public bodies to come within the remit of the Ombudsman for Children. As a result of amendments contained in sections 4 and 22 of the Ombudsman (Amendment) Act 2012 any reviewable agency which comes under the remit of the Ombudsman will now automatically come under the remit of the Ombudsman for Children. Thus the jurisdictions of both offices are aligned and there is legal certainty and clarity on the matter.
It appears that the Deputy is seeking the list of bodies that are outside the scope of the remit of the Ombudsman for Children. This information can now be found in the Ombudsman (Amendment) Act 2012. The First Schedule to that Act lists the "reviewable agencies" and Part II of that schedule lists the elements of those reviewable agencies that does not come within the remit of the Ombudsman or Ombudsman for Children. The Second Schedule to the Act lists the "exempt agencies".
