The Act setting up the office of the Ombudsman for Children was the last piece of legislation enacted before the dissolution of the Dáil in 2002. It was announced by the then minister for children, now Minister for Education, Ms Hanafin.
It followed a decade of campaigning and multiple promises, starting with the minister for children in the rainbow coalition, Mr Austin Currie. The first Ombudsman, Ms Emily Logan, was appointed a year ago, following an appointment process that included consultations with children. She was previously director of nursing in Our Lady's Hospital for Children in Crumlin.
The office has not yet been in existence long enough to make an annual report, and the submission to the Oireachtas Committee is its first major publication.
In her submission today, co-authored with child and family law expert Mr Geoffrey Shannon, Ms Logan says the UN Convention states that a child should be provided with the opportunity to be heard in any judicial or administrative proceedings affecting him or her, including separation and divorce processes.
The submission points out that the Kilkenny Incest Investigation Committee in 1993, and the Constitutional Review Group in 1996, both recommended an amendment to the Constitution to put the best interests of the child as the paramount consideration in any actions relating to the child.
The UN Committee which examined Ireland's implementation of the convention urged the Government to implement the Constitutional Review Group's recommendation.
Ireland has also signed but not ratified the European Convention on the Exercise of Children's Rights, which states that children be allowed to participate in proceedings affecting them before a judicial authority.
The 1997 Children's Act provided for children to have access to a guardian ad litem, that is, a person to represent their interests in proceedings, where the circumstances demanded it. However, this section of the Act has never been implemented.
The main purpose of the Ombudsman for Children is to safeguard and promote the rights and interests of those under the age of 18. This means she can receive complaints from children and adults concerned about children, and investigate them.