I move: "That the Bill be now read a Second Time."
Agus sinn ag teacht go dtí deireadh na Dála seo, tá an-áthas orm go bhfuilimid chun an Bille seo a léamh inniu. Reachtaíocht fíor-thábachtach atá ann a thabharfaidh cabhair agus tacaíocht do pháistí na tíre mar a gheall muid le cúpla bliain anuas. Cuirfidh sé leis an straitéis náisiúnta do leanaí a lansáladh dhá bhliain ó shin agus, leis an airgead breise atá curtha isteach ar son na leanaí go háirithe agus leis an aidhm le guth láidir a thabhairt do pháistí. Le hOmbudsman for Children, beidh gúth neamhspleách, speisialta ag páistí.
I am delighted to introduce this important legislation in Dáil Éireann. In many ways this Bill is an appropriate conclusion to the work for children done by this Government in recent years. The focus of my tenure as Minister of State with responsibility for children and that of my predecessor has been on improving services for children and on giving them a voice.
The purpose of the Bill is to provide for the establishment of an Ombudsman for Children. The main functions proposed for the ombudsman are to promote the rights and welfare of children and to investigate individual complaints made by or on behalf of children arising in the course of the administration of public bodies, schools or public hospitals.
In introducing the Bill I am aware of the need to safeguard the rights of children. Put simply, children matter. Their status and well-being speak volumes about the values and quality of life within our society. Attitudes and perceptions to the role and place for children in society have changed in recent years and this has led to many policy developments in relation to child care services. We have seen increased investment, the introduction of new legislation and the publication of strategic policy documents during the past five years, and the introduction of the Ombudsman for Children must be seen in this context. The commitment to the establishment of an Ombudsman for Children is also contained in the Government's key social policy document, An Action Programme for the Millennium.
The Government has been committed to extending the range of services for children in recent years and has invested and additional €171 million for child welfare and protection services since 1997. This level of additional funding continues to provide and support a wide range of developments in this area and emphasises the Government's determination to put in place effective strategies and services to promote and protect the welfare of children.
The Government is committed to developing all aspects of child welfare and protection services and in recent years significant reforms have taken place in terms of legislation, policies and services to promote the protection and welfare of children. For example, we brought forward the Protection for Persons Reporting Child Abuse Act, 1998, which provides protection for any person who acting "reasonably and in good faith" reports suspicion of abuse of a child. We published Children First – National Guidelines for the Protection and Welfare of Children in 1999 which sets out to improve the identification, reporting, assessment, treatment and management of child abuse. These guidelines are being implemented on a national basis in the health boards and in schools but also in sporting and other voluntary organisations.
It was encouraging to note that in the recently published report on sex abuse and violence, the SAVI report, commissioned by the Rape Crisis Centre, we saw some evidence suggesting that there has been a drop in the level of child sexual abuse since the start of the development of guidelines for those working in the field. I am confident that in ten years' time, the development of the Children First guidelines and the associated investment will be seen to have further impacted on the levels of all forms of child abuse.
The expansion of family support projects, the launch of the springboard projects and other early intervention schemes will also have long-term results, helping to strengthen more vulnerable families. The report of the working group on foster care, 2001, sets out clear objectives for the development of our foster care service. The Government has already indicated its commitment to implementing this report by increasing the foster care allowance from €90.84 per week to €270.50 for children under 12 years and from €108.62 to €296.50 per week for children over 12 years. I believe in the principle that children deserve the love and protection of a family and where, for whatever reason, they cannot remain in their own family the support of a foster family is crucial. Those families give to our child welfare service a service that can never be underestimated.
Major developments have also taken place in the provision of residential care for children. The capital investment programme has improved the number and quality of places available for children, and the establishment of the social services inspectorate has ensured that standards are set and adhered to. The places required for particularly troubled children in high support and special care units have increased from 17 to 94, including the facility at Ballydowd, which is being opened on a phased basis.
The Children Act, 2001, substantially adds to the protection we offer children and involves a total overhaul of the juvenile justice system. It gives a new legal basis for dealing with children who have behavioural difficulties and children who are offenders. The Act replaces the Children Act, 1908, and is based on the principle that detention of children should only be used as a last resort. The key elements of the Act involve: raising the age of criminal responsibility from seven to 12 years; the introduction of family conferences to enable children and their families agree on an action plan for the child; and the use of restorative justice where a child offender can face and apologise to a victim.
Acknowledging the crucial role played by child care workers in frequently difficult circumstances, new salary scales and structures were agreed and extra support and training places put in place. I acknowledge the difficulties for child care workers and the difficulties for health boards in recruiting new child care and social workers. We remain committed to ensuring more are recruited and trained to meet the needs of the service.
The Government has also published a detailed strategy document to tackle youth homelessness. The primary goal of the youth homelessness strategy is to reduce and, if possible, eliminate youth homelessness through preventative strategies. Where a child becomes homeless we must ensure that he or she benefits from a comprehensive range of services aimed at reintegrating him or her into the community as quickly as possible. This strategy involves taking on board the needs of the child but also involves the family, the local community and all the services which come into contact with the child.
The national children's strategy launched in November 2000 has been internationally welcomed as a model of good practice in relation to the provision of supports and services for children. The three goals which are backed by 117 target actions are that children will have a voice, that voice will be understood and that children will receive quality supports and services. The vision outlined in the strategy is one which we all share –"an Ireland where children are respected as young citizens with a valued contribution to make and a voice of their own; where all children are cherished and supported by family and the wider society; where they enjoy a fulfilling childhood and realise their potential". The national children's strategy is a ten year plan and already a number of initiatives and structures have been put in place to ensure it is implemented in full.
The Ombudsman for Children is a key provision of the national children's strategy. The ombudsman will provide an independent mechanism to vindicate the rights of children. The establishment of such an office is in recognition of the need for an independent person to act as a powerful advocate for children and promote the welfare and rights of the child. The introduction of an Ombudsman for Children is a further step along the road to providing our children with quality services and letting their voices be heard. Many countries have an Ombudsman for Children, sometimes called a commissioner for children, therefore, the establishment of the office of the Ombudsman for Children will bring Ireland into line with best practice internationally.
The most important role of the Ombudsman for Children is that of promoting the rights and welfare of children. In this, the function is different from that of the existing Ombudsman whose focus is solely on dealing with complaints. It is, however, a common feature of other ombudsmen for children internationally and it is crucial that the Ombudsman for Children has the ability to advocate independently for children. The Ombudsman for Children has been given a range of roles and functions to achieve this, including the following: highlighting issues of concern to children; encouraging the development of appropriate policies, practices and procedures which affect children; advising the Government on the development and co-ordination of policy relating to children; monitoring and reviewing the operation of legislation; and establishing structures to consult regularly with children.
Until recently, little thought was given to the views of children, even on issues which affected them directly. The first major consultation with children probably took place during the development of the national children's strategy. The results of that consultation not only fed into the strategy document but determined its outcome. Learning from that process, we have since had the first meeting of Dáil na nÓg and local councils are in the process of being set as Comhairle na nÓg throughout the country. The Ombudsman for Children will find, as I have, that the views of children and young people are valuable and well informed.
In drafting this legislation, I was anxious to ensure that complaints could be made to the Ombudsman for Children on the actions of a wide range of bodies, public and private. In the event, considerable work with the Attorney General's office was required to frame the legislation in order that schools and voluntary hospitals are included. I am pleased that the proposed jurisdiction of the Ombudsman for Children is wider even than that of the current Ombudsman. In particular, it is important that we have been able to provide that schools can be included in the complaints procedure. For the vast majority of our children, the only State institution which directly affects them is the education system. I was anxious to ensure that schools would be included in the Bill. The Ombudsman for Children will cover all children and tomorrow I will bring forward an amendment to include young people in the Prison Service.
A concern has been to ensure that the Bill is workable, that it will operate practically over time and that the rights of the child and those of his or her parents are maintained. This legislation should be seen as a first step. Over time, as legal difficulties are addressed, other organisations in the voluntary and private sectors will be brought within the aegis of the Ombudsman for Children.
In recent times the involvement of the State in the lives of our children has increased and decisions taken within public bodies have a significant bearing on them. Problems can arise in balancing the needs of organisations and the just and fair treatment of a child. It is inevitable that difficulties or mistakes will give rise to wrong or unfair decisions or a child may feel that he or she is being deprived of something to which he or she is entitled. There is no way of guaranteeing that this will never occur but what is being done is to provide a method by which the grievance can be re-examined independently.
There are arrangements in place at present which allow decisions to be queried. Under the Education Act, 1998, there is provision for appeals to be made in respect of State examinations. However, mechanisms such as this are designed to address specific situations and they do not cover the whole area of the State's interaction with children.
The Ombudsman for Children will affect the operation of a myriad of institutions by providing an opportunity to seek redress by, or for, a child without having recourse to adults or professionals in the first instance. What needs to be ensured is that when a child complains an examination of the situation can be started quickly without becoming entangled in an ever increasing web, which could confuse and alienate our children from public institutions.
The Ombudsman for Children is intended to be an independent and easily reached mediator. One of the roles will be purely to investigate and report. The importance lies in the power to investigate the actions of those affecting children and to report on these to the Oireachtas. To our children, this ombudsman will be an important advocate for them, providing informality and accessibility in resolving the issues they consider important.
The Bill provides for the establishment of an Ombudsman for Children who can investigate, on his or her initiative or on the basis of a complaint from a child, family member or a professional, actions taken by a body listed in the First Schedule to the Bill. The remit extends to Government Departments, schools and public voluntary hospitals. Certain areas, notably the courts, security matters, military activities and decisions made in relation to asylum will be exempt from scrutiny.
I wish to comment on some of the noteworthy features of the Bill. It is proposed that the Ombudsman for Children shall be appointed by the President on the resolution of Dáil Éireann and Seanad Éireann. This is in line with the appointment of the current Ombudsman. It is my belief that the acceptability of the Ombudsman for Children will be enhanced by the fact that the holder is acceptable to all sides of the House.
The terms of the employment of the Ombudsman for Children are set out in section 4. The independence of the office is vital, as our children must see that this is an independent authority. The Bill sets out that the Ombudsman for Children shall be independent in the performance of his or her duties. The six year term of office, in line with the current Ombudsman, underlines the independence of the office from Government. I will bring forward an amendment tomorrow to remove the age restriction on appointment in section 4.
The ombudsman may undertake an investigation on his or her initiative or arising from a complaint made by a child, a family member or someone who has a professional relationship with the child. However, if a parent is not the complainant, one of the parents must be informed that a complaint has been made. This is to ensure that the constitutional rights of the parent are not diminished in any way.
In line with the Ombudsman Act, 1980, the Ombudsman for Children may not investigate an action if it is trivial or vexatious, if the complainant has insufficient interest in the matter or has not already used reasonable means to remedy his grievance. However, the ombudsman will give the complainant reason for his or her refusal.
I wish to comment on certain other matters that are excluded from the ombudsman's remit. The ombudsman will not investigate where legal proceedings have been initiated, where there is a statutory right of appeal to a court or where there is right of appeal to independent tribunals or referees drawn from outside the Civil Service. It is not intended that the ombudsman should replace existing appeals procedures or interfere with the judicial process. Defence matters have been excluded on the grounds that they do not directly affect the lives of our children. Public personnel matters are also excluded. It is felt that the Ombudsman for Children is intended to be concerned with grievances arising out of the dealings with public bodies and not with the relationships between employer and employee.
All investigations will be carried out in private and the body or person against whom the complaint is being made will have an opportunity to comment. The ombudsman may require persons to furnish documents and information for investigation, but has no power to compel the disclosure of any document or information relating to decisions of Government. Any publication or utterance by the ombudsman in the course of his or her investigations is privileged. These provisions are there to provide protection for the privacy of the complainant and those complained about.
I am happy that this legislation is before the House. It may well be the last significant legislation to be passed by the 28th Dáil. It is a fitting end to the Government that has done more for children than any other Government. Having regard to the amount of investment, structures, strategies and long-term policies that have been put in place by the Government, real progress has been made. We all acknowledge that real progress can yet be made and that there is a good deal more to do. In bringing forward this Bill, we can ensure there is an additional voice for children to add to those other voices who are already strong advocates on behalf of children. Molaim an Bille don Theach.