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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