Dáil Éireann Debate, Thursday - 28 January 2016
17. Deputy Mick Wallace asked the Minister for Children and Youth Affairs if he will extend the mandate of the Office of the Ombudsman for Children in order that it can receive complaints from children in direct provision; and if he will make a statement on the matter. [3210/16]
View answerThe direct provision system is under the remit of my colleague, the Minister for Justice and Equality.
The Minister for Justice and Equality has previously addressed, among other issues, the question of the Ombudsman for Children being given jurisdiction in the direct provision system and for the Health Information Quality Authority (HIQA) to be allowed inspect direct provision hostels. In replying, the Minister made reference to provisions in both the Ombudsman for Children Act 2002 and Ombudsman Act 1980 which excludes either Ombudsman from investigating any action taken by or on behalf of a person in the administration of law relating to asylum.
The Department of Justice and Equality established a working group to review a range of issues pertaining to asylum seekers and direct provision. The Working Group on the Protection Process was chaired by Judge Bryan McMahon and consisted of children's rights advocates, organisations engaged with asylum groups and representatives from a range of relevant Government departments, including a representative from my own Department. The Report of the Working Group on the Protection Process was published in June 2015. It included a recommendation that the remit of the Ombudsman and the Ombudsman for Children should be extended to complaints relating to services to residents of direct provision accommodation centres and to transfer decisions following breach of rules. The report and its recommendations are currently being considered by my colleague the Minister for Justice and Equality, Deputy Frances Fitzgerald.
The Deputy may wish to note that the Ombudsman for Children identified the lengthy period of time that families spend in direct provision as a key concern, and it is one which would help to address many of the problems experienced in the system. The recent enactment of the International Protection Act 2015 greatly simplifies the process for those in direct provision, and aims to reduce the time spent there significantly.
