Dr Niall Muldoon: Promoting and Safeguarding Children’s Rights and Welfare: The Experience of the Ombudsman for Children’s Office in Ireland

At an international Convention on the Rights of the Child 25 years in Portugal 

Lisbon, 24th September 2015: Dr. Niall Muldoon, the Ombudsman for Children, addressed a Convention on the Rights of the Child: 25 years in Portugal, which is held in Lisbon today.

In his speech the Ombudsman addressed the topic of “Promoting and Safeguarding Children’s Rights and Welfare: The Experience of the Ombudsman for Children’s Office in Ireland” and outlined the experience of promoting children’s rights and welfare in Ireland since the Ombudsman for Children’s Office was first established in 2004.

The Ombudsman remarked that the amendment to strengthen children’s rights in Ireland’s Constitution, which was endorsed by the people of Ireland in a referendum held in 2012: “Was one of the most positive developments in the 11 years since our Office’s establishment.” He went on to remind attendees that the office of Ombudsman “Had called for the position of children’s rights to be improved in the Constitution as far back as 2005. Between 2005 and 2012, the Office made submissions to the Government and Parliament on five separate occasions, engaged directly with successive Ministers for Children and Youth Affairs on the elements that an amendment to the Constitution should contain, and raised the matter of constitutional reform in this area with a number of parliamentary committees.”  

The Ombudsman also remarked that, “although the Thirty-First Amendment was carried by the people in the 2012 referendum, it does not incorporate the principles of the UNCRC to the extent that this Office recommended.” However, he point out that the Constitutional Amendment did, “represent a significant and positive step forward for children since it provides a strong foundation for the future incorporation of children’s rights principles into our law and policy.” It allows for the “Best Interest” and the “Respect for the Views of the Child” principles in the context of certain legal proceedings such as children in care, child protection, and adoption, guardianship, custody and access cases.

Dr. Niall Muldoon also noted the effect of the economic crisis in Ireland and the adverse consequences for thousands of children. He noted that data, recently made available, “indicates that some 138,000 children are living in constant poverty and resource deficits have contributed to protracted delays in dealing with child protection concerns and impeded children’s access to vital health services and education supports.” 

Referring to the challenges associated with our current housing difficulties, Dr. Muldoon remarked that, “currently we are experiencing a housing crisis in which, as of August this year, almost 1,500 children in over 700 families are homeless and living in emergency accommodation in Ireland.”

View the full speech from Dr. Niall Muldoon, the Ombudsman for Children to the ‘Convention on the Rights of the Child: 25 years in Portugal – Strengthening our commitment’.

-ENDS-

Issued on behalf of the Ombudsman for Children Office by Heneghan PR 

Media contacts:
Eoghan Ó Neachtain
Heneghan PR
Tel:  +35387 6288030 / + 353 (01) 660 7305
Email: eoghan@hpr.ie

Notes for Editors:

Ombudsman for Children – Statutory role and remit

The Ombudsman for Children’s Office provides an independent and impartial complaints handling service.  The investigatory functions and powers of the Office are set out in the Ombudsman for Children Act 2002 and the Ombudsman Amendment Act 2012.  This provides that the Office may investigate the administrative actions of a reviewable agency, school or voluntary hospital where, having carried out a preliminary examination, it appears that the action has or may have adversely affected a child and where those actions come within the ambit of Sections 8 (b) or 9 (1) (ii) of the 2002 Act (as referred to in Para 1.6 under).

Section 10 (1) (a) (ii) of the Ombudsman for Children Act, provides that the Ombudsman for Children may conduct an investigation of his own volition where it appears that an action may have adversely affected a child, where there may have been maladministration and where he considers that an investigation would be warranted having regard to all the circumstances.

The Office aims to carry out investigations and to make recommendations which are fair and constructive for both parties.  In the context of an investigation, the Office is neither an advocate for the child nor an adversary to the public body.

The registration of non-statutory (private and voluntary) children’s residential centres is assigned to the HSE under Articles 60 and 61 of the Child Care Act 1991.  Inspection and monitoring of children’s residential centres are functions created under the Child Care Regulations 1996 and 1995.  These functions are now carried out by Tusla – the Child and Family Agency.

Pursuant to Section 13 of the Ombudsman for Children Act 2002, the Office found that the administrative actions of the HSE Children and Families services, now the Child and Family Agency in relation to registration, inspection and monitoring of non-statutory children’s residential centres comes within the ambit of Section 8 of the Act:

• Section 8 (a) has or may have adversely affected a child; and
• Section 8 (b) (vi) has been based on an undesirable administrative practice and (vii) contrary to fair and sound administration.

• 24 Meán Fomhair 2015
• Cineál: Preaseisiúint