Denis Naughten (Roscommon-South Leitrim, Independent)
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809. To ask the Minister for Children and Youth Affairs if he will amend the Ombudsman for Children Act 2002 to clarify that the exclusion of the office from inquiring into immigration matters does not exclude it from investigating the conditions of direct provision accommodation; and if he will make a statement on the matter. [30830/14]

James Reilly (Dublin North, Fine Gael)
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I have no immediate plans to amend the Ombudsman for Children Act 2002 for the purpose outlined by the Deputy.

The Deputy may be aware that a report ‘Review of the operation of the Ombudsman for Children Act 2002’,was submitted by the Ombudsman for Children, Ms. Emily Logan to the then Minister for Children and Youth Affairs Frances Fitzgerald, in March 2012. One of the recommendations contained in that report was that “... section 11(1)(e) should be amended to clarify that the exclusion regarding the administration of law in the area of asylum, immigration, naturalisation or citizenship relates solely to decisions taken by the relevant authorities in accordance with statutory procedures for determining whether a person is entitled to a particular status.”

My Department engaged with the Department of Justice and Equality, which has primary responsibility in the area of asylum and immigration. The then Minister for Justice and Equality considered that no legislative change was required and this position has recently been reaffirmed by that Department.

The Minister for Justice and Equality outlined a number of concerns with regard to the complexity of the multistage asylum process, the existing avenues of appeal inherent in that process and difficulty in divorcing decisions relating to immigration status from other aspects of a case. He referred to similarities with the exclusion of immigration matters from Freedom of Information and Ombudsman legislation and felt that it would be incongruous that a different approach would be taken in respect of the Ombudsman for Children. The Minister pointed out that Direct Provision services require that each relevant Department or State agency provide services to residents in line with their role. In this way, the HSE provides health services and supports, Department of Social Protection provides Community Welfare and associated supports and the Department of Education and Skills, through the schools, provide for the education needs of school going children. The Minister further noted that the Irish Naturalisation and Immigration Service continues to engage with the Office of the Ombudsman for Children on an administrative basis in relation to any case it brings to its attention and respond to any issues raised.

The matter to which the Deputy refers concerning asylum seekers in direct provision was debated with the Minister for Public Expenditure and Reform during Second and Committee Stages of the parliamentary process towards enactment of the Ombudsman (Amendment) Act 2012. This debate also addressed the situation of children in direct provision. That Act of 2012 primarily addressed the office of the Ombudsman and significantly amended the Ombudsman Act 1980. In the process towards the enactment of the Ombudsman (Amendment) Act 2012, my Department worked closely with the Department of Public Expenditure and Reform and the Ombudsman for Children to achieve a significant expansion of the remit of her office. With effect from 1^stMay 2013, the bodies within the remit of each Ombudsman and the process for changes to their remits have been greatly expanded and largely aligned.

Some outstanding recommendations from the above-mentioned reports of March 2012 are being reviewed in conjunction with other Departments and I will consider the need to bring forward legislative proposals in due course, if appropriate.