Annex
JOINT STATEMENT FROM CHILDREN'S COMMISSIONER
CAMPAIGN CO-ORDINATING GROUP
NOVEMBER 2004
Part 1 of the Children Act 2004 came into force
on 15 November 2004, and the Government is now preparing for the
recruitment of the Children's Commissioner.
England's children are the last in the UK to
be given a Commissioner. The Commissioner campaign co-ordinating
group is deeply disappointed that the Government has failed to
fulfil its promise to children of a powerful, independent champion
and has instead pushed through Parliament weak legislation that
fails to meet international standards.
While the legislation was substantially improved
during its Parliamentary passage, there are still three fundamental
flaws:
— The Commissioner's general function
is restrictive—"promoting awareness of the views and
interests of children in England". Commissioners in the other
countries of the UK are each required by law to promote and safeguard
the rights of children. England's general function is the weakest
in Europe and it does not comply with international standards.
— A Government Minister can require
the Commissioner to undertake an inquiry on any matter of relevance
to children. This is a fundamental breach of independence.
— England's Commissioner must promote
awareness of the views and interests of children in Wales, Northern
Ireland and Scotland in relation to non-devolved matters. He or
she can establish an inquiry on non-devolved matters and Ministers
can direct the English Commissioner to go into the other countries
to undertake an inquiry on any non-devolved matter. This is insensitive
to the needs and rights of children in those countries—and
it is insulting to the other, stronger Commissioners.
On 10 November, cross-party Peers fought to
defend, for the second time, a strong rights-based Children's
Commissioner.
The amendment that would have given children
in England a Commissioner on a par with the rest of the UK and
Europe was lost in the final stage of the Children Bill's passage
by 105 to 117 votes.
One hundred and nine Labour Peers, three Cross-benchers,
two Ulster Unionist Peers, one Conservative Peer, one Liberal
Democrat Peer and one Independent Labour voted against a strong,
rights-based Commissioner.
The Commissioner campaign co-ordinating group
worked intensively with Peers and MPs throughout the Parliamentary
passage of the Bill. This led to 11 very significant improvements
to the Commissioner's powers and independence:
CHANGES TO
PART 1 OF
THE CHILDREN
ACT 2004, WHICH
RESULTED FROM
LOBBYING BY
THE COMMISSIONER
CAMPAIGN CO-ORDINATING
GROUP AND
OTHERS
1. Commissioner "must" have regard
to Convention on the Rights of the Child (Government concession
adopted at Committee in the Lords, 4 May).
2. Duty on Commissioner to prepare child-friendly
materials (new Clause 2 adopted at Report Stage in the Lords,
17 June—changed in House of Commons Standing Committee,
12 October).
3. In relation to general function, power
of entry to institutional premises "at any reasonable time"
and right to interview children, if appropriate in private (Government
concession adopted at Report Stage in the Lords, 17 June).
4. "Any person exercising functions
under any enactment" to provide Commissioner with information
reasonably requested (Government concession adopted at Report
Stage in the Lords, 17 June)
5. In relation to general function, extension
of definition of "children" to include care leavers,
young people in custody to 22 and young people with learning disabilities
up to 21 (new Clause 2 adopted at Report Stage in the Lords, June
17—first two kept, young people in custody deleted in House
of Commons Standing Committee, 12 October).
6. Commissioner's power to initiate formal inquiries
after consulting Secretary of State (Government concession adopted
at Report Stage in the Lords, 17 June)
7. Commissioner's reports have absolute privilege
and other statements have qualified privilege in relation to law
on defamation (Government concession adopted at Report Stage in
the Lords, 17 June) (The Conservatives identified the need for
this particular amendment; the campaign group supported it strongly).
8. In relation to an inquiry directed by
the Secretary of State, the Secretary of State can only make amendments
to an inquiry report in order to protect the identity of a child
(Government amendment adopted at Third Reading in the Lords, 15
July).
9. Commissioner has power to require bodies
to respond to his/her recommendations (Government amendment adopted
at House of Commons Standing Committee, 12 October).
10. Secretary of State must lay a copy of the Commissioner's
annual report before each House of Parliament "as soon as
possible" (Government amendment adopted at House of Commons
Standing Committee, 14 October).
11. Children to be involved in recruitment
of Commissioner (Government amendment adopted at Report Stage
in the Commons, 2 November).
We are as strong as ever in our belief that
children must have their rights understood, respected and upheld.
We will continue to work together, to support the work of all
of the UK Children's Commissioners, to ensure that children get
the strong children's rights champion they have waited for, and
that the legislation is changed to match international standards.
We are extremely grateful to all the Parliamentarians
that tried so hard to give children in England a strong rights-based
champion, and look forward to working with you again on this vital
issue.
Commissioner campaign co-coordinating group
APPROACH
Article 12
Barnardo's
ChildLine
Children's Rights Alliance for England
Children's Rights Officers and Advocates
The Children's Society
Daycare Trust
National Children's Centre
The National Youth Agency
National Children's Bureau
NCH
NCVCCO
NSPCC
Save the Children UK
UNICEF UK
January 2005
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