Dáil Éireann Debate, Thursday - 3 July 2014
231. Deputy Denis Naughten asked the Minister for Children and Youth Affairs if he has considered the 2012 report by the Ombudsman for Children on the operation of the Ombudsman for Children Act 2002; his views on each of the proposed revisions; his plans to amend the 2002 Act; and if he will make a statement on the matter. [28765/14]
View answerThe 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. Many of the recommendations, particularly relating to the remit of the Ombudsman for Children have already been implemented, primarily through the Ombudsman (Amendment) Act 2012.
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 my predecessor, Minister Frances Fitzgerald, made an Order by Statutory Instrument Number 210 of 2012 which took effect on 1st July 2012, in consultation with the then Minister for Justice and Equality, Alan Shatter, to extend the remit for the Ombudsman for Children to include children in detention in St Patrick's Institution.
The Ombudsman (Amendment) Act 2012 primarily addressed the office of the Ombudsman and significantly amended the Ombudsman Act 1980. In the process towards the enactment of the Ombudsman (Amendment) Act 2012, my Department worked closely with the Department of Public Expenditure and Reform 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. The First Schedule to the 2012 Act lists all "reviewable agencies" and Part II of that schedule lists the elements of those reviewable agencies that do not come within the remit of the Ombudsman or the Ombudsman for Children. The Second Schedule to that Act lists the "exempt agenices". 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 reviewed in conjunction with other Departments and I will consider the need to bring forward legislative proposals in due course, if appropriate.
