S.I. No. 341/2013 - Ombudsman Act 1980 (Section 4(10)) Order 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th September, 2013.

I, BRENDAN HOWLIN, Minister for Public Expenditure and Reform, in exercise of the powers conferred on me by subsection (10) of section 4 of the Ombudsman Act 1980 (No. 26 of 1980) (as amended by section 6 of the Ombudsman (Amendment) Act 2012 (No. 38 of 2012)), and having complied with paragraphs (a), (c) and (d) of that subsection, hereby order as follows:

1. This Order may be cited as the Ombudsman Act 1980 (Section 4(10)) Order 2013.

2. In this Order—

“Part II” means Part II of the First Schedule (inserted by section 16 of the Ombudsman (Amendment) Act 2012 (No. 38 of 2012)) to the Principal Act;

“Principal Act” means the Ombudsman Act 1980 (No. 26 of 1980).

3. This Order is without prejudice to the provisions of the Principal Act by virtue of which the Department of Justice and Equality is a reviewable agency in respect of any action taken by or on behalf of that Department of State that does not fall within paragraph (f)(ii) of Part II.

4. It is declared that the Department of Justice and Equality is a reviewable agency in respect of any action taken by or on behalf of it, being action that—

(a) consists of the administration of prisons or other places for the custody of persons committed to custody by the Courts, and

(b) relates to a person under the age of 18 years who is committed to custody in such a prison or other place mentioned in subparagraph (a),

and, accordingly, there are excluded from paragraph (f)(ii) of Part II the elements of that Department of State that fall within both subparagraphs (a) and (b).

The Minister for Justice and Equality consents to the making of the above Order.

GIVEN under my Official Seal,

4 September 2013.

ALAN SHATTER,

Minister for Justice and Equality.

GIVEN under my Official Seal,

4 September 2013.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.