Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

One of the major questions we have about the legislation relates to the recommendation made in 2008 by the Ombudsman regarding an extension of her powers. She was critical of the previous Bill, saying: "It is my understanding that the Bill will not extend my remit to complaints regarding decisions in relation to immigration and asylum matters. I am most concerned by this." She went on to say that in most European countries, such complaints are covered. She said:

...I have stressed a number of points about this lacuna in my jurisdiction. I highlighted the fact that most Ombudsman Offices in Europe have jurisdiction in this area of administration. It is an area of administration which impacts very significantly on the lives of a very vulnerable group of people, many of whom face significant challenges...

I appreciate the principle that every body is included unless on the exempt list. I do not see the Reception and Integration Agency, RIA, the Irish Prison Service or the Irish Naturalisation and Immigration Service, INIS, on the list but I do see a reference further on to the fact that jurisdiction does not extend to the Department of Justice and Equality in so far as it relates to an action taken in the administration of the law relating to aliens or naturalisation, taken in the administration of the prisons, involving the exercise of the right or power referred to in Article 13.6 of the Constitution and so forth.

I ask the Minister to clarify if this Bill extends the powers of the Ombudsman in the way she sought in her critique of the Bill in 2008. I contend that this is one of the areas that we most need to allow her to have jurisdiction over. I have raised the issue of the Lisbrook direct provision centre in Galway on a number of occasions in this House in the past two weeks, which was in danger of being closed. I also highlighted the Irish Refugee Council's recent report during the debate on the children's referendum because there are serious issues concerning the rights of children in direct provision. During that debate, much praise was given to Mrs. Justice Catherine McGuinness, who pioneered that legislation but it relates to this legislation too in that the Ombudsman has sought the power of jurisdiction over direct provision centres. The Irish Refugee Council report is very critical of those centres. Mrs. Justice Catherine McGuinness wrote the foreword to that report, in which she says the following:

Poverty and Exclusion paints a convincing picture of the damage done to children by years of living in institutional accommodation which is so far removed from the atmosphere of a normal family home. This is rendered even more damaging by the income poverty of their parents.

She goes on to say that Ireland is in breach of the family life rights set out in Article 8 of the European Convention on Human Rights. The author of the report raises a number of very serious issues which I appreciate the Minister for Justice and Equality and the Minister for Children and Youth Affairs have said they will address.