Simon Harris (Wicklow, Fine Gael)
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Question 240: To ask the Minister for Education and Skills his views on the work of the National Council on Special Education within the remit of the Ombudsman for Children; the discussions that he has had with the Ombudsman's office or the Department of Children and Youth Affairs on this issue; if he is considering legislation to bring about this change; and if he will make a statement on the matter. [1067/12]

Ruairi Quinn (Dublin South East, Labour)
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The Office of the Ombudsman for Children was established under the Ombudsman for Children Act 2002 by the Minister for Health and Children.

From June 2011, responsibility for the Ombudsman for Children Act 2002 was transferred to the Minster for Children and Youth Affairs. I understand that the Office of the Ombudsman for Children has been in contact with the Department of Children and Youth Affairs regarding this matter. I also understand that under this Act the inclusion of the National Council for Special Education within the remit of the Ombudsman for Children requires a draft Order to be laid before each House of the Oireachtas and a resolution approving this order approved by each such House.

The Department of Children and Youth Affairs have advised that they intend to consult with my Department and with the Ombudsman for Children before finalising a proposal on this matter.

Pending the making of any order by the Government to include the NCSE within the complaints and investigation remit of the Office of the Ombudsman for Children, the Office and the NCSE have agreed an interim process through which the concerns which had been brought to the attention of the Office would be brought to the direct attention of NCSE for response.