Lynn Ruane (Independent) | Oireachtas source

Amendments Nos. 4 and 6 seek to better recognise and embed the role of the Ombudsman for Children in the procedures set out in this Bill. We had a discussion about this on Committee Stage so I do not propose to go into it in detail, but the simple fact is that the role of the ombudsman under the 2002 Act has a significant arbitrary restriction as he or she cannot investigate a complaint into the actions of a school until the local procedures have been exhausted. As I said on Committee Stage, there is a significant concern that a belligerent board of management could deliberately frustrate the ombudsman's role by drawing out the local complaints procedure, in direct opposition to the interests of the child at the centre of the complaint. I am therefore proposing the removal of this arbitrary restriction on the ombudsman's role, in order that he or she could intervene in a complaint against the school at whatever stage he or she felt was appropriate, and would not have to wait until the local procedures are exhausted. We need to trust the office of the ombudsman, which has previously served this State with distinction, with the power to intervene at the point which is in the best interests of the child, rather than those of the school or the Department.

I thank officials in the Department for engaging with my office in respect of these amendments. I appreciate that we do not want to disincentivise parents and students from using the local procedures as a first port of call, but this is an issue that can be dealt with in the guidelines outside of the law and the office of the ombudsman should not continue to be arbitrarily restricted on those grounds. I also appreciate the concern that there may be confusion among parents if there were both local and national complaints options available. However, I do not believe avoiding confusion is an adequate reason to further disadvantage the office of the ombudsman. It is surely not outside our abilities as a State to properly arm parents with clear and comprehensive information. That is why I retabled amendment No. 4, which would require that guidelines around grievances should have to explain the role of the Ombudsman for Children in this respect. I have redrafted the amendment submitted on Committee Stage to incorporate concerns expressed by the Department. This new charter process must be overseen by an expert in children's rights who has their best interests in mind. The Ombudsman for Children must be released from an arbitrary restriction which flies in the face of best international practice and his or her role in other areas. I understand that the Minister is considering amendments in the Dáil which would make the role of the ombudsman somehow contingent on the progress of a complaint through local procedures, which is not good enough. I do not understand why the Department or the Minister for Education and Skills would be so fearful of giving the ombudsman a remit in this area. We are talking about a democratically selected expert in children's issues and the idea that he or she would abuse or misuse this new power, or use it without the best interests of the child at heart, is ludicrous and non-existent. I urge the Minister to take these amendments on board.