Alan Shatter (Dublin South, Fine Gael)
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Question 1180: To ask the Minister for Justice and Law Reform the extent, if any, the Ombudsman for Children was consulted during the planning and preparation of the alcohol test purchasing scheme; if a draft of the scheme guidelines was furnished to her for her input and observations pursuant to section 7 of the Ombudsman for Children Act 2002; and if not, the reason therefor. [33891/10]

Dermot Ahern (Louth, Fianna Fail)
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The Guidelines for the test purchasing scheme were drawn up by a working group comprising representatives of the Gardaí, Office of the Minister for Children, Office of Tobacco Control and the Departments of Health and Children, and Justice and Law Reform. The primary concern of the group in drafting the guidelines has been to ensure the welfare of children. For this purpose, it drew on test purchasing guidelines already in operation in England, and also had Northern Ireland's guidelines at its disposal. During the drafting process, Garda representatives visited Liverpool to observe test purchasing operations on the ground as well as the training and other safeguards put in place to safeguard the welfare of the young people involved in test purchasing operations. I am satisfied therefore that the welfare of those involved has been taken fully into account in drafting the guidelines and the test purchasing scheme. I welcome the widespread support across the floor of the House for this initiative.

As the Deputy is aware, there is no statutory requirement in the legislation establishing the Ombudsman for Children requiring Ministers to refer proposed legislation to the Ombudsman for an assessment of its effect on children. However, the legislation allows the Ombudsman, on his or her own initiative, to give advice on any matter relating to the rights and welfare of children. It is open to the Ombudsman, therefore, to give advice at any time on any such matters.