Willie O'Dea (Limerick City, Fianna Fail)
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To ask the Minister for Children and Youth Affairs her views on the recent annual report of the Ombudsman for Children; and if she will make a statement on the matter. [46705/12]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Ombudsman for Children operates under the Ombudsman for Children Act 2002. Responsibility for certain Ministerial functions under this Act came under the remit of my Department with effect from 3 June 2011 by the Office of the Minister for Children and Youth Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. 218 of 2011). However, the Ombudsman for Children is independent in the performance of her functions under the Act and her reporting relationship is to the Oireachtas on these functions. Section 13(7) of the Act requires her to cause a report of her function under this Act to be laid before each House of the Oireachtas annually. The Ombudsman for Children, Ms. Emily Logan, recently launched her annual report for 2011.

I believe the Ombudsman for Children performs a valuable ongoing role that goes beyond dealing with complaints against State institutions on matters which affect the lives of children. Her role involves the promotion of the rights and welfare of children and includes:

- Advising Government on development and coordination of policy relating to children;

- Encouraging development of policies and practices to promote the rights and welfare of children;

- Promoting awareness among the public of issues of concern relating to the rights and welfare of children and how those rights can be enforced.

One important role she performs is that, occasionally, she challenges the system of public administration to place children more firmly at the centre of its decision making. In the introductory message of her 2011 Report she says “it is abundantly clear to me that the core principles of best interests and respect for the views of the child are not being respected systematically in Ireland. I have consistently highlighted this in my annual reports to the Oireachtas, across the areas of health, education and justice.” This is the challenge for all public bodies to address among our ambitious programme of Public Sector Reform.

This Government is committed to putting the rights and welfare of children at the centre of our policy considerations and delivery of services in Ireland. Our forthcoming referendum on the rights of children is clear testament to that commitment. A positive outcome in that referendum will further strengthen the position of children, in particular with regard to their best interests and their views. It will add strength to existing laws and any future laws that require the best interests of the child to be the first and paramount consideration for judges in deciding court cases brought by the State in the area of child protection, or in adoption, guardianship, custody or access proceedings. It will also give recognition, at the constitutional level, to the principle of the child’s views being a consideration in such proceedings.

Earlier this year, I already extended the remit of the Ombudsman for Children to include boys under 18 years of age who are detained in St Patrick’s Institution. Following a report on the operation of the Ombudsman for Children Act 2002 in March 2012 and following consultations with Ms. Logan, the Minister for Public Enterprise and Reform Brendan Howlin within the past week proposed changes in the Ombudsman (Amendment) Bill 2008 at Committee Stage in the Seanad which will further expand the remit of both the Ombudsman and the Ombudsman for Children. I support the work of the Ombudsman for Children. I will consider, along with my colleagues in Government, the issues raised by Ms. Logan in her report.