Oireachtas Joint and Select Committees

Tuesday, 2 July 2024

Joint Committee On Children, Equality, Disability, Integration And Youth

Omudsman for Children Annual Report 2023: Ombudsman for Children

3:00 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I will start by congratulating the ombudsman and all the staff for the 20 years of service they have given us so far. As a typical constituency-based TD the office has been very helpful to me with the work we do, namely, our advocacy on the ground for the very families and children the witnesses are talking about here. I often feel the office of the Ombudsman for Children is an additional tool or resource we have as legislators, especially when we are advocating to State agencies or bodies.

There are a couple of things highlighted in the office's submission and I would like to unpack some of them. Last week we went to Report Stage of the Childcare (Amendment) Bill which will change the inspections around childminding and early years settings. I did not know early learning settings such as crèches, Montessoris and preschools were not under the remit of the office. It is something we as a committee should perhaps take note of. When I am advocating on behalf of a child or family where an incident or series of incidents has occurred we go to Tusla, the Child and Family Agency, there is an inspection regime and the reports are there for everybody to see after the fact. Sometimes they will end up being the subject of litigation or an out-of-court settlement. However, on occasion, one feels that where there is a repetition of - I will use the lightest words I can possibly use - misdemeanours or misbehaviour on the part of operators and those working within crèches, they are never really subjected to the full rigours of the law. I find there is a culture of keeping them open because there is such a shortage of places. The best possible scenario is to keep it open and try to bring it onside with respect to compliance, but it cannot be closed down because that leaves a whole geographical area devoid of a service. Perhaps there should be a role for the office of the ombudsman in respect of how Tusla operates when inspecting early learning settings? Has there been a conversation with the Child and Family Agency about a potential role for the office in that regard?