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Ombudsman for Children Remit

Dáil Éireann Debate, Thursday - 27 March 2014

Thursday, 27 March 2014

Questions (17)

Robert Troy

Question:

17. Deputy Robert Troy asked the Minister for Children and Youth Affairs her plans to extend the powers and remit of the Ombudsman for Children; and if she will make a statement on the matter. [14200/14]

View answer

Written answers

I can inform the Deputy that I have already made significant changes to the remit of the Ombudsman for Children and have no immediate plans to further extend the powers and remit of the Ombudsman for Children.

The Ombudsman for Children produced a report in March 2012 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. The Deputy will already be aware that I made an Order by Statutory Instrument Number 210 of 2012 which took effect on 1st July 2012, in consultation with my colleague Minster Shatter, to extend the remit for the Ombudsman for Children to include children in detention in St Patrick's Institution.

Later in 2012, through the process towards the enactment of the Ombudsman (Amendment) Act 2012, I worked closely with Minister Howlin and the Ombudsman for Children to achieve a significant expansion of the remit of her office. With effect from 1st May 2013, the bodies within the remit of each Ombudsman and the process for changes to their remits have been greatly expanded and largely aligned. 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.

Some outstanding recommendations from the above-mentioned reports of March 2012 are being considered in conjunction with other Departments and I will consider the need to bring forward legislative proposals in due course if appropriate.

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