Ombudsman for Children calls for legislation review

The Ombudsman for Children, Emily Logan, has expressed serious concerns about the groups of vulnerable young people who she is…

The Ombudsman for Children, Emily Logan, has expressed serious concerns about the groups of vulnerable young people who she is prevented from assisting under the investigative powers of her office.

Presenting the Ombudsman for Children’s first annual report, Ms Logan said legislation prevented her office from using it’s investigatory powers where children are in certain places of detention like detention schools and called for legislation to be reviewed.

We are of the view that the exclusion concerning the administration of law relating to asylum, naturalisation or citizenship is too vague and this concerns us.
Emily Logan

The Ombudsman for Children’s Act, 2002, also precludes her office from investigating any action by the defence forces and An Garda Síochana which would ordinarily fall within the remit of the Ombudsman’s office. She is also precluded from investigating young people’s issues relating to asylum, immigration, naturalisation or citizenship.

"My office was established to promote the rights and welfare of all children. I have serious concerns that because of certain limitations and exclusions in the Ombudsman for Children Act we are prohibited from investigating complaints concerning children in certain places of detention and actions of An Garda Síochana," she said.

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"In addition, we are of the view that the exclusion concerning the administration of law relating to asylum, naturalisation or citizenship is too vague and this concerns us."

She added that the exclusions under the Act meant that her office "may not be able to carry out our role and functions as set out in the Act, or as effectively as we would wish".

The Ombudsman said her office had access to policy makers and ministers and would seek to have legislation reviewed and changed so that all children would have access to her office in terms of investigation procedures.

Ms Logan also called for the full implementation of the 2001 Children’s Act rather than the introduction of Anti-Social Behavioural Orders (Asbo’s).

"We have a huge concern about the perceived threat of children in our society and we would rather see the full implementation of the Children’s Act and would certainly not like to see [the introduction of] Abso’s," said Ms Logan.