Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

This order is being made to rectify the unanticipated impact of the passage of the Ombudsman (Amendment) Act 2012 which to all intents and purposes nullified the order introduced by the Minister for Children and Youth Affairs in July 2012 to provide for the Ombudsman for Children having a responsibility to investigate and address issues relevant to children in places of custody or detention. The Ombudsman (Amendment) Act 2012 was subsequent to that order and all the information at that time suggested that it would have no such impact. However, it now transpires that this is not the case. The view is now strongly affirmed and also by the Attorney General, that this further order is required to correct the situation. I support the passage of this order and the passage of this motion to facilitate it. The Minister for Public Expenditure and Reform has the power to make an agency a reviewable agency. It has long been an issue of concern to me that the Ombudsman for Children had not that remit within her range of roles and responsibilities. I wish to acknowledge the role of the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, in the intent and the facilitation of the extension of this power and responsibility to Emily Logan's office.

The Minister for Justice and Equality is also consenting to this situation. The Ombudsman for Children is anxious to have the situation restored to the situation applying as of July 2012. The proposal before the House had the unanimous support of the members attending at a recent meeting of the Joint Committee on Health and Children. The committee advised the Minister for Public Expenditure and Reform, Deputy Howlin, of my proposal arising out of discussion at that time.

It is important that this matter is rectified as speedily as possible. We are all familiar with many instances and cases, some of which are high profile and others which are not in the public domain. We welcome the proposals that the Office of the Ombudsman for Children must have a particular and specific role.

I am conscious of the role of the Minister of State's office in the progressing of the arrangements for the commencement of construction of the new facilities at Oberstown. I join with the Minister in commending the Minister of State's office for the efforts in this regard. In the most recent exchange last week, we noted that BM Building Limited has been appointed as the main contractor and the subcontractors have also been confirmed. As the Minister indicated to the House last week, it was expected that construction would commence this week. I do not know if there is facilitation for the Minister of State to reply at the conclusion of this debate but I will certainly conclude a little earlier to be of assistance and to hear if he has anything to share with the House.

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