Frances Fitzgerald (Dublin Mid West, Fine Gael)

I am aware of the matter raised by the Deputy. The Office of the Ombudsman for Children has been in contact with the Department of Children and Youth Affairs. On 3 June 2011, responsibility for the Ombudsman for Children Act 2002 was transferred to me as Minster for Children and Youth Affairs. I understand that under this Act the inclusion of the National Council for Special Education within the remit of the Ombudsman for Children requires a draft order to be laid before each House of the Oireachtas and a resolution approving this order to be approved by each House. This would be the procedure if it were to happen. I expect further contact before the end of the year from the Office of the Ombudsman for Children on its remit. While responsibility for proposing the amendment of legislation relating to the Ombudsman for Children rests with the Department of Children and Youth Affairs, responsibility for the National Council for Special Education rests with the Department of Education and Skills. Accordingly, my Department will consult the Department of Education and Skills and the Ombudsman for Children before finalising a proposal on this matter.

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