Richard Bruton (Dublin North Central, Fine Gael)
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Question 172: To ask the Tánaiste and Minister for Health and Children if she has satisfied herself with the operation of powers of the Health Service Executive to take children with acute special needs into care against the wishes of their parents; her views on whether it would be appropriate to extend the remit of the Ombudsman for Children to have the power to investigate the application of these procedures; and if she will make a statement on the matter. [15461/05]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for services for the welfare and protection of children.

Under the Child Care Act 1991 as amended by the Health Act 2004 the Health Service Executive has a duty to act in regard to any child who requires care or protection. On the application of the Health Service Executive care orders are made in the District Court only where the judge is satisfied that this is an appropriate course of action.

Section 8 of the Ombudsman for Children Act allows for the investigation of actions taken in the performance of administrative functions by public bodies. However, under section 7 of the Act, the Ombudsman for Children has a statutory obligation to promote the rights and welfare of children and, in particular, to encourage public bodies, schools and voluntary hospitals to develop policies, practices and procedures designed to promote the rights and welfare of children.