Statement by the Ombudsman for Children on agreement reached with Minister for Justice to investigate cases of children taken into State Care

The Ombudsman for Children Emily Logan today (25 October 2013) said she had reached agreement to secure the power to investigate An Garda Síochána’s actions in recent events in which two children were taken in to state care.

The Ombudsman said the Minister for Justice Alan Shatter was giving her the power under Section 42 of the Garda Síochána Act, 2005 for this particular investigation.

She said the Minister was giving her the power in response to her concerns regarding the limitation of her statutory remit in relation to An Garda Síochána.

“At the moment I do not have the power to investigate An Garda Síochána. I feel that, in this case, I need this power to conduct a complete investigation,’’ she said.

The Ombudsman for Children had yesterday pointed out that she can undertake an own volition investigation into the actions of the Health Service Executive (HSE), under Section 10 (1) (a) (ii) of the Ombudsman for Children Act 2002. This section provides that the Ombudsman for Children may conduct an investigation where an action may have adversely affected a child, where there may have been maladministration and where she considers that an investigation would be warranted.

The Office of the Ombudsman for Children was set up to promote the rights and welfare of children, provide an independent complaints handling service for issues affecting children under the age of 18 and to initiate its own investigations.

The Ombudsman said: “We make sure that the law is upheld, that citizens’ rights are protected and that good standards of public administration are applied. As always, I intend to conduct an independent, impartial investigation from first principles. I will not be rubber-stamping the reports of other agencies. However, I appreciate that it is good practice for those agencies to conduct their own, internal investigations and make reports.’’

Ends

Contact: Nikki Gallagher 086 8163246

• 25 Deireadh Fomhair 2013
• Cineál: Ráiteas
• Ábhar: Leanaí faoi chúram