Alan Shatter (Dublin South, Fine Gael)
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Question 56: To ask the Minister for Health and Children if it is intended to make an order pursuant to Section 11 (2) (a) of the Ombudsman for Children Act 2002 to enable the Ombudsman for Children to investigate complaints received regarding children detained in prisons such as St. Patrick's Institution as well as other adult prisons here; if the consent of the Minister for Justice, Equality and Law Reform has been sought for the making of such order; and if not, the reason for same. [2722/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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At the time of the drafting of the Ombudsman for Children Act 2002, children detained in St. Patrick's Institution were excluded from the remit of the Ombudsman for Children for a number of reasons. Firstly, the Ombudsman Act 1980 exempted prisons and it was decided there should be consistency of approach in the Ombudsman for Children Bill. Secondly, the remit of the Ombudsman for Children is for persons under 18 years. As St. Partick's Institution does not cater exclusively for children, young adults aged up to 21 years are also detained in this facility, it does not fall within the remit of the Ombudsman for Children. The Inspector of Prisons has a remit to inspect all places of detention operated under the aegis of the Irish Prison Service. St. Patrick's Institution comes within this remit. In addition, there is also a visiting committee appointed to St. Patrick's.

Children detention schools come within the remit of the Ombudsman for Children. Under the amendments to the Children Act 2001, contained in the Criminal Justice Act 2006, children detention schools will be extended to include all children under 18 years. Plans are progressing to bring these changes into effect, after which all children under 18 in detention will come within the remit of the Ombudsman for Children.