Brian Lenihan Jnr (Dublin West, Fianna Fail)

Provision was made in section 28 of the Commission to Inquire into Child Abuse (Amendment) Bill to facilitate a person who is not satisfied with the outcome of an application that he or she had submitted to the education finance board, which disburses grants under a trust fund, to refer the case to the Office of the Ombudsman. In the course of the debate in the Seanad, Senator Ryan highlighted a drafting error in the legislation which could be interpreted as restricting those with a complaint against a decision of the education finance board from having it investigated by the Office of the Ombudsman. The Senator maintained that the wording could restrict the scope of the appeal. The Minister raised the matter with the Parliamentary Counsel and acknowledged that an amendment was required to address the error. Accordingly the Minister for Education and Science was happy to accept the amendment as drafted by the Senator on Committee Stage in the Upper House, whereby the word "whom" was inserted in page 18, line 7 of section 28. The inclusion of the amendment will ensure there will be no doubt as to who could have cases investigated.

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