Clare Daly (Dublin North, United Left)
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165. To ask the Minister for Children and Youth Affairs his plans to extend the power of the Ombudsman for Children, including areas actively under consideration, and a timeframe for delivery, in view of the urgency, in relation to children in direct provision. [7707/15]

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 purposes outlined by the Deputy.

The direct provision system is under the remit of my colleague, the Minister for Justice and Equality. The Department of Justice and Equality has primary responsibility in the area of asylum and immigration.

The Deputy may be aware that a report ‘Review of the operation of the Ombudsman for Children Act 2002’, was submitted by the former Ombudsman for Children, Ms Emily Logan to the then Minister for Children and Youth Affairs 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 on this recommendation, among others. The then Minister for Justice and Equality considered that no legislative change was required and this position has been reaffirmed by that Department.

In a reply to a question by Deputy Brendan Griffin (Reference No. 31092/14 on 15th July 2014), the Minister for Justice and Equality addressed, among other issues, the question of the Ombudsman for Children being given jurisdiction in the direct provision system and for the Health Information Quality Authority (HIQA) to be allowed inspect direct provision hostels. In replying, the Minister made reference to provisions in both the Ombudsman for Children Act 2002 and Ombudsman Act 1980 which excludes either Ombudsman from investigating any action taken by or on behalf of a person in the administration of law relating to, inter alia, asylum. If I may quote from Minister Fitzgerald's response, she said "Whilst there are no plans to change those legislative provisions, the Irish Naturalisation and Immigration Service (INIS) including RIA, has administrative arrangements in place with both Offices to assist and provide information on matters brought to its attention by them ".

The Department of Justice and Equality has established a working group to review a range of issues pertaining to asylum seekers and direct provision. The first meeting of the Working Group on the Protection Process was held on the 10th November 2014, chaired by Judge Bryan McMahon. The Working Group consists of children's rights advocates, organisations engaged with asylum groups and representatives from a range of relevant government departments, including a representative from my own Department. I look forward to learning of the findings and recommendations of the working group in the Spring of 2015.