The genesis of the Ombudsman for Children’s Office dates back to 1996 during the tenure of the rainbow coalition government. Austin Currie, Ireland’s first minister of State for children, was the first Oireachtas member to moot the idea of an Ombudsman for Children following the mishandling of the Fr Brendan Smyth case, resulting in significant political pressure to introduce mandatory reporting of child abuse. The idea was advanced following a recommendation by the UN Committee on the Rights of the Child in 1998 that Ireland establish an independent human rights institution for the protection of children’s rights. A steering committee was put in place to consider what shape the institution would take and Michael Mills, Ireland’s first ombudsman and a member of the committee, was of the view that the nature of the work, including the extensive powers to promote children’s rights required a separate institution. The Ombudsman for Children’s Office in Ireland is now one of 40 such institutions across 47 Council of Europe member states.
The fundamental principle upon which this office was established a decade ago is access to justice. Having access to non-judicial mechanisms of redress – and avoiding costly litigation – is considered internationally as a defining element of a well-functioning democracy with all emerging democracies now establishing such institutions. Although some people come to the Ombudsman for Children because they cannot avail of the courts, it is not just because they cannot access the courts; it is that utilising the ombudsman’s office can be preferable, depending on the circumstances.
Since this office was established in 2004 we have received a huge amount of support for the work we undertake from the public, politicians, civil society and the media. We have also been confronted with significant pockets of resistance – active and passive – to the advancement of children’s rights.
This resistance can be subtle, in the form of civil or public administrative tensions with my office following investigation, or sometimes public, including in 2007 through judicial review of an exercise in democratisation, when I was accused of “undermining the social order” by disseminating information to children about their rights. While this challenge was unsuccessful, my card was marked by those who, to this day, continue to resist the notion that children should be accepted as individuals and active participants in the exercise of their rights.
The orientation of law and policy in Ireland must be towards fuller respect for these rights enumerated in the UN Convention on the Rights of the Child. We have not yet moved past a culture and approach in which public policy can be significantly affected by knee-jerk responses to crises that may "land" badly for Ministers rather than solid and progressive public policy development. To this end I believe Ireland continues to require dedicated, expert and independent oversight of civil and public administration in this area.
Independence
As I finish my tenure next year, I am of course concerned about the future not only of this office but of all ombudsman institutions because we have witnessed how independent institutions can be subject to the vicissitudes of politics. As Ombudsman for Children I account directly to the Oireachtas; however, I do not believe that ombudsman institutions in Ireland enjoy the level of independence required to secure our future as a mature and well-functioning democracy. It is time for the legislature to reconsider the relationship between the executive and ombudsman institutions and to ensure and enhance the independence of such institutions. Ombudsmen institutions are funded through Oireachtas votes, which the executive, investigated by Ombudsmen, oversee. The potential for this situation to weaken ombuds institutions' independence could be diminished by charging an Oireachtas committee with determining our budgets, providing for financial accountability, as well as ensuring that people like me are doing their jobs.
The Irish public service achieves a great deal for children and for the community every single day. Strengthening independent oversight allows for those services to become better. At a time when there is such disappointing and unwarranted criticism – indeed, at times derision – directed at the public service, I believe that the ombudsman can play a crucial role in rebuilding the public’s trust.