Select Committee on Education and Skills Minutes of Evidence



Memorandum submitted by the Commissioner for Children for Wales, the Commissioner for Children and Young People for Scotland and the Commissioner for Children and Young People for Northern Ireland

  1.  As the three existing Commissioners for Children (and Young People) in the United Kingdom, we thought it might be helpful for the Committee to have a short paper setting out in tabular form the comparative powers which we three Commissioners enjoy, and those which we understand the English Commissioner for Children will have as a result of the Children Act. We have attempted to ensure that the attached table is as accurate as possible, and while we can vouch for the interpretation of our own legislation, we would not claim a similar level of detailed understanding of the Children Act.

  2.  It will be apparent from even a casual perusal of the attached table that while there are significant similarities in role among the four Commissioners, there are also very significant differences. In particular, the focus of the English Commissioner is on listening to children's views whereas the other Commissioners are focused on promoting the rights (and welfare/best interests) of children. The English Commissioner has been given specific outcomes to focus on whereas the other Commissioners do not have such a requirement. There are also differences in the scope of functions (eg in Wales and Northern Ireland individual complaints can be considered, but not in Scotland or England). The Northern Ireland Commissioner has the most extensive remit and powers.

  3.  We have not dealt in the table with the role of the English Commissioner in Wales, Scotland and Northern Ireland, as the format does not really lend itself to this description. Sections 5, 6 and 7 respectively of the Children Act do give the English Commissioner the responsibility to promote the views of children in Wales, Scotland and Northern Ireland on issues which fall outside the remit of the local Commissioners. The English Commissioner is required to discuss with the local Commissioners any work they do on this. The English Commissioner also has the right to conduct an investigation (on the same basis as investigations in England) if a matter affecting a child concerns the exercise of powers which remain at Westminster and have not been devolved. There is no requirement to consult with the local Commissioners on such inquiries.

  4.  During the passage of the Children Bill we jointly and individually expressed a number of misgivings about the proposals for the English Commissioner within the Bill. Our concerns are well documented and include the lack of an emphasis on children's rights, the degree of independence of the Commissioner, and the role the Commissioner will have in Wales, Scotland and Northern Ireland.

  5.  However, now that the legislation has been passed by Parliament we are very concerned to make it work for the good of all of the children and young people living in the United Kingdom. We look forward to working with whoever is appointed to the post of English Commissioner for Children, and to drawing up with them a Memorandum (or possibly Memoranda) of Understanding to promote effective working between us all.

January 2005





 
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