|
These notes refer to the Child Poverty Bill as introduced in the House of Commons on 11 June 2009
CHILD POVERTY BILL
EXPLANATORY NOTES
INTRODUCTION
1. These Explanatory Notes relate to the Child Poverty Bill as introduced in the House of Commons on 11 June 2009. They have been prepared by the Child Poverty Unit, a cross-departmental unit of officials from the Department for Children, Schools and Families (DCSF), the Department for Work and Pensions (DWP), and Her Majesty’s Treasury (HMT), in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament.
2. The Notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill. So where a clause, or part of a clause, does not seem to require any explanation or comment, none is given.
BACKGROUND AND SUMMARY
3. An account of the policy initiatives introduced to tackle child poverty can be found in Ending Child Poverty: Everybody’s Business (HMT, DWP, DCSF, 2008). In December 2003, the Government published Measuring Child Poverty (DWP, 2003) which set out a framework for measuring child poverty based on three measures: relative low income; absolute low income; and combined low income and material deprivation. The Government currently monitors child poverty against these three measures with a target attached to the relative low income measure of halving the number of children in poverty by 2010-11, in seeking to eradicate child poverty by 2020 (Public Service Agreement 9). Public Service Agreements detail the aims and objectives of UK government departments for a three-year period. There is, however, no statutory basis for this target and no statutory duty on the Government to make progress against any of the child poverty measures.
4. In January 2009, the Government published the consultation document Ending Child Poverty: Making It Happen (HMT, DWP, DCSF, 2009). A summary of the consultation responses is being published.
Bill 112—EN 54/4
5. The purpose of the Bill is to define success in eradicating child poverty and create a framework to monitor progress at a national and local level. In summary, the Bill:
- places a duty on the Secretary of State to meet four United Kingdom-wide income poverty targets by the end of the financial year 2020;
- places a duty on the Secretary of State to publish a child poverty strategy evaluating progress towards the four income targets and setting out future action. The strategy, which is to be revised every three years, may make reference to measures which the devolved administrations propose to take to tackle child poverty;
- places a duty on the Scottish Ministers to prepare a child poverty strategy through to 2020, to be revised at three year intervals. This strategy will relate only to devolved matters;
- places a duty on the relevant Northern Ireland department (which is the Office of the First Minister and Deputy First Minister: see clause 18(1)) to prepare a child poverty strategy through to 2020, to be revised at three year intervals. This strategy will relate only to devolved matters;
- establishes the Child Poverty Commission which will provide advice that the Secretary of State, the Scottish Ministers and relevant Northern Ireland department must have regard to when preparing their respective child poverty strategies. The Commission will also provide advice to the Secretary of State at other times if so requested;
- places a duty on the Secretary of State to report annually on progress made against the four income targets and the measures specified in the United Kingdom child poverty strategy;
- requires the annual report relating to the financial year 2020 to include a statement as to whether or not the targets have been met and give reasons why any target has not been met;
- requires the Government to ensure that the targets, once met, are met in later financial years, or to make provision about how to meet them if the targets have not been met by the financial year 2020 or any later specified year;
- places a duty on local authorities and their partners to co-operate to tackle child poverty in their area, to carry out an assessment of the levels of child poverty in that area, and to prepare a joint local child poverty strategy; and
- amends section 4 of the Local Government Act 2000 to require local authorities in England to have regard to the arrangements they have made to co-operate with their partners to reduce child poverty in their area, their local child poverty needs assessment and their joint child poverty strategy when preparing their Sustainable Community Strategy.
TERRITORIAL EXTENT AND APPLICATION
6. In general, Part 1 of the Bill extends to England and Wales, Scotland and Northern Ireland. However, clause 10 (relating to strategies prepared by the Scottish Ministers) extends to Scotland only and clause 11 (relating to strategies prepared by the relevant Northern Ireland department) extends to Northern Ireland only. Part 2 of the Bill extends to England and Wales, but applies only to local authority areas in England.
7. At introduction the Bill contains provisions that trigger the Sewel Convention. The provisions require the Scottish Ministers to prepare strategies stating how they will contribute to the UK-wide targets and to ensure as far as possible that children in Scotland do not experience socio-economic disadvantage. In preparing strategies, the Scottish Ministers must consult the Child Poverty Commission and must have regard to the resources that are available to them and the impact of the measures in the proposed strategy on those resources. The Sewel Convention provides that Westminster will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament. If there are amendments relating to such matters which trigger the Convention, the consent of the Scottish Parliament will be sought for them.
8. At introduction the Bill contains provisions that require a legislative consent motion with regard to Northern Ireland. The provisions require the relevant Northern Ireland department to prepare strategies stating how they will contribute to the UK-wide targets and to ensure as far as possible that children in Northern Ireland do not experience socio-economic disadvantage. In preparing strategies, the relevant Northern Ireland department must consult the Child Poverty Commission and must have regard to the resources that are available to them and the impact of the measures in the proposed strategy on those resources. By convention, Westminster will not normally legislate with regard to devolved matters in Northern Ireland without the consent of the Northern Ireland Assembly. If amendments are made to the Bill relating to such matters, the consent of the Northern Ireland Assembly will be sought for them.
9. The Bill includes provisions which could arguably be within the legislative competence of the National Assembly for Wales, for example the duty on the Secretary of State to prepare a UK-wide child poverty strategy and the duty on the Commission to provide advice to the Secretary of State on UK strategies. Legislative consent from the National Assembly for Wales has therefore been sought. The Bill does not, however, confer new or expanded powers on the Welsh Ministers. The National Assembly for Wales is currently scrutinising a Measure (the Children and Families (Wales) Measure) which will impose duties on both Welsh Ministers and other public authorities in Wales to set objectives, prepare strategies and reports in relation to broad aims to eradicate child poverty. The Bill will not legislate for Wales in these areas but refers to measures taken by the Welsh Ministers and requires consultation with Welsh Ministers in preparing UK strategies.
THE BILL
10. The Bill is in three Parts and has two Schedules.
11. Part 1 of the Bill sets out the duties of the Secretary of State to ensure that four UK-wide income targets relating to child poverty are met in relation to the financial year beginning with 1 April 2020. Clauses 2 to 5 describe these targets and clause 6 provides a definition of the terms used in these clauses. Clause 16 introduces Schedule 2, which imposes a duty on the Secretary of State to ensure that the targets, once met, are also met in later financial years, and confers powers on the Secretary of State to make regulations about the effect of the targets after the financial year 2020, if they have not been met. Clause 8 establishes the Child Poverty Commission and outlines its functions. Details about the Commission are set out in Schedule 1. Clause 8 places a duty on the Secretary of State to prepare a UK-wide child poverty strategy and to update this strategy within a three year period. Clauses 8 and 9 specify the content of that strategy, the parties that must be consulted when the strategy is being prepared and require the Secretary of State to have regard to any advice provided by the Commission relating to the strategy. Under clause 13, the Secretary of State is also required to report annually to Parliament on progress toward meeting the targets in clauses 2 to 5 and in the implementation of the strategy. Clause 14 requires that the final report must contain a statement as to whether or not the targets have been met. Clauses 10 and 11 also require the Scottish Ministers and the relevant Northern Ireland department to prepare child poverty strategies, which must also be revised at three year intervals. Clause 12 specifies who the devolved administrations must consult and provides that they must have regard to the advice of the Commission in preparing their respective strategies.
12. Part 2 makes provision requiring co-operation at a local level to tackle child poverty. Clause 20 imposes a duty on each responsible local authority to make arrangements to promote co-operation between itself and its partner authorities for the purpose of reducing, and mitigating the effects of, child poverty in its area. As part of these arrangements, clause 21 requires the local authority to prepare and publish an assessment of the needs of children living in poverty in its area. The responsible local authority is also required in clause 22 to prepare a joint child poverty strategy, setting out the measures that it and each of its partner authorities propose to take to tackle child poverty in its area. In each case, local authorities and their partners are required to have regard to guidance issued by the Secretary of State. Clause 23 amends section 4 of the Local Government Act 2000 to require responsible local authorities to take account of their local child poverty needs assessment, their joint child poverty strategy
and other arrangements they have made to tackle child poverty when preparing their Sustainable Community Strategy.
13. Part 3 of the Bill contains general provisions.
14. Schedule 1 concerns the structure and functions of the Commission. Schedule 2 contains provision regarding the continuing effect of the targets after the target year.
COMMENTARY ON CLAUSES
Part 1 - National Targets, Strategies and Reports (Clauses 1 to 17)
Clause 1: Duty of Secretary of State to ensure that targets are met
15. Clause 1 places a duty on the Secretary of State to ensure that the targets in clauses 2 to 5, relating to relative low income, combined low income and material deprivation, absolute low income and persistent poverty, are met in relation to the target year. The targets apply to the whole of the United Kingdom.
16. Subsection (2) defines the target year as the financial year beginning on 1 April 2020.
17. The child poverty targets are defined in the Bill in such a way that success can be measured by Government analysis of statistical surveys. Currently, data for the relative low income, combined low income and material deprivation, and absolute poverty targets is taken from the Households Below Average Income dataset that is derived from the Department for Work and Pensions’ Family Resources Survey. The Family Resources Survey collects income data from a representative sample of UK households each year. Data relating to the persistent poverty target will be derived from a new survey Understanding Society to be undertaken by the University of Essex on behalf of the Economic and Social Research Council. This survey will work on a similar basis to the current survey used to measure persistent poverty, the British Household Panel Survey, which follows the same households over a number of years.
18. Clauses 2 to 5 refer to “qualifying households” and “equivalised income”. “Qualifying households” is likely to be defined in regulations as households which are covered by the survey, according to the rules the surveys use to sample households. The sampling is based on a set of procedures and instructions which allow the greatest coverage of the target population. For example, the definition of a household for the Family Resources Survey is a single person or group of people living at the same address as their only or main residence, who either share one meal a day together or share living accommodation (for example, a shared living room). A household is captured by the survey if it resides at an address which is listed on the Small User Postcode Address File (a list of all addresses in the UK which receive less than 50 items of mail per day). About 98% of private households are included. The surveys exclude addresses which are classed as “communal establishments or institutions”. The concept of household income is not relevant for these addresses. “Equivalised income” refers to the adjustment of household incomes according to the number of adults, and number and age of children, in each household. This is to take account of the fact that a family of several people requires more income than a single person, in order for both households to enjoy a comparable standard of living. The paragraphs below relating to clause 6 explain that the definitions of these and other technical terms underpinning the child poverty targets will be set out in regulations.
Clause 2: The relative low income target
19. Clause 2 sets the relative low income target. This target relates to children who live in households that have low incomes compared to the rest of society. This measure of poverty was agreed as part of the 2003 Department of Work and Pensions consultation, Measuring Child Poverty. The target is that less than 10% of children living in qualifying households have an equivalised net income below 60% of median equivalised net household income.
Clause 3: The combined low income and material deprivation target
20. Clause 3 sets the combined low income and material deprivation target. The target is that less than 5% of children live in households that have an equivalised net income below 70% of median equivalised household income before housing costs and experience material deprivation. This target focuses on those children who live in households that experience both a low income and a low standard of living, meaning that they are experiencing the effects of living in poverty.
21. Children are materially deprived if they live in households that cannot afford a range of basic activities, such as such as school trips for the children, or celebrations on special occasions, or if they cannot afford basic material goods, such as fuel to keep their home warm. A child experiencing material deprivation may therefore lack many of the experiences and opportunities that other children take for granted, and can be exposed to severe hardship and social exclusion.
22. Subsection (3) imposes on the Secretary of State a duty to make regulations setting out the circumstances in which a child would be regarded as experiencing material deprivation in a particular year. These circumstances might include the household in which the child lives being unable to afford particular goods or services.
23. The regulation-making power will enable the Government to establish what is meant by “material deprivation” and to update this definition over time to ensure that the combined low income and material deprivation target continues to reflect contemporary living standards. Experts consulted by the Child Poverty Unit have advised that such adjustments may be needed. This power is subject to the affirmative resolution procedure.
Clause 4: The absolute low income target
24. Clause 4 sets the absolute low income target. The target is that less than 5% of children who live in households that have an equivalised net income for the financial year below 60% of median income in the financial year beginning with 1 April 2010, up-rated annually in line with inflation. Many respondents to the consultation Ending Child Poverty: Making it Happen indicated that it was important for the Bill to include an absolute low income target.
25. Subsection (3) provides a regulation-making power to set the calculation for up-rating the base amount annually, taking into account changes in prices, as measured by the Retail Price Index. This regulation-making power is subject to the negative resolution procedure.
Clause 5: The persistent poverty target
26. Clause 5 sets the persistent poverty target. This target relates to the percentage of children living in households that have whose equivalised net income has been less than 60% of median equivalised net household income for at least three out of the past four years. The target is included because longer periods in poverty can have a significant detrimental impact on children’s experiences and life chances. Research shows that children who live in persistent poverty are likely to be at risk of worse outcomes than those who live in temporary poverty, for example, being suspended or expelled from school (11% compared to 6%) or living in bad housing (48% compared to 33%). 1
27. Subsection (3) provides for the target percentage to be set by regulations which must made before 2015. The target level cannot be set in primary legislation because the required data is not yet available. As stated in paragraph 17, data will be derived from the new survey Understanding Society. The Government expects that sufficient data will be available before 2015.
28. Subsection (5) provides that, instead of exercising the regulation-making power provided in subsection (3) to set a target percentage relating to persistent poverty, the Secretary of State may instead substitute a different persistent poverty target.
29. Subsection (6) provides that regulations under subsection (5) may only be made before 2015 and with the consent of the Commission.
Clause 6: Interpretation of terms used in relation to targets
30. Clause 6 enables provision to be made for a number of technical terms underpinning the child poverty targets in clauses 2 to 5 to be defined in regulations. Powers to make regulations under this clause are subject to the affirmative resolution procedure.
31. As noted above, the child poverty targets are defined in the Bill in such a way that success can be measured by Government analysis of two statistical surveys, the Family Resources Survey and Understanding Society. If survey methodologies improve with regard to measuring income and poverty for children, and these improvements are incorporated into these surveys, then it will be necessary to amend the definitions used for the child poverty targets in the Bill so that they match the definitions used in the survey. This would ensure that the survey is still able to measure success against the targets as defined in the Bill. If no such regulation-making powers were conferred, and the survey methodology changed, then the survey could not be used to measure success against the targets.
32. These powers will also ensure that if the way in which income is defined for the relevant survey statistics changes in response to research or methodological evidence, these changes can be reflected in the definitions used in the Bill.
33. Subsection (1)(a) provides a power to set out in regulations the definition of a “qualifying household” for the purposes of the child poverty targets. Qualifying households are likely to be defined according to the rules the surveys use to sample households.
34. Subsection (1)(b) provides a power to define the circumstances in which a child is or is not to be regarded as living in a qualifying household. This would cover, for example, situations where a child spends part of the week with one parent and part of the week with another.
35. Subsection (1)(c) provides a power to set out in regulations what is to be regarded as the income of a household for the financial year for the purposes of the targets. This is likely to set out how different types of income from different family members is to be treated, and how the income data collected is to relate to a financial year.
36. Subsection (1)(d) provides a power to make provision about what deductions are to be made from a household’s income in calculating its net income. Subsection (2) provides that any deductions prescribed under regulations made under subsection (1)(d) must not include housing costs, but regulations made under that subsection may provide that specified expenses are not to be treated as housing costs.
37. Subsection (1)(e) provides a power to set out in regulations how household income is to be equivalised. Income is equivalised using equivalence scales, which reflect the extent to which households of different size and composition require a different level of income to achieve the same standard of living. There are a number of different scales that could be used and the intention is that regulations under this power will set out the equivalence scale to be used for the purpose of calculating household income under the Bill.
38. Subsection (4) provides that when making regulations under subsection (1)(a) the Secretary of State must ensure that the targets cover as many children in the UK as possible, having regard to the surveys that are being or can reasonably be expected to be undertaken to measure child poverty. For example, this would ensure that regulations made under this section would reflect any improvements in survey methodologies which extend the coverage of the survey.
Clause 7: The Child Poverty Commission
39. Clause 7 establishes the Child Poverty Commission. Details about the Commission are set out in Schedule 1.
40. Subsection (4) provides that the Secretary of State may make an order abolishing the Commission at any point after the end of the target year. This power will be used if the Government considers that there is no longer any role for the Commission. The order-making power is subject to the affirmative resolution procedure.
41. Subsections (5) and (6) allow an order abolishing the Commission to include any necessary transitional arrangements and to repeal the various provisions of the Bill relating to the Commission as well as any other statutory references to this body.
Clause 8: UK strategies
42. Clause 8 (subsection (1)) places a duty on the Secretary of State to publish and lay before Parliament a UK child poverty strategy, within 12 months of Royal Assent of the Bill.
43. Subsection (2)(a) provides that a UK strategy must set out the measures that the Secretary of State proposes to take in order to comply with the duty in clause 1 to meet the targets (in clauses 2 to 5). Subsection (2)(b) provides that the strategy must also set out measures to be taken to ensure as far as possible that children in the UK do not experience socio-economic disadvantage.
44. Subsection (3) concerns the contribution of the devolved administrations to the UK strategy. It provides that the UK strategy may refer to proposals made by the devolved administrations.
45. Subsection (4) requires that before the end of the period to which a UK strategy relates, the Secretary of State must review the strategy and publish and lay before Parliament a revised UK strategy. Strategies must be published every 3 years; however, there is no requirement to publish revised strategies after the beginning of the target year.
46. Subsection (5) provides that in preparing a UK strategy the Secretary of State must consider whether measures ought to be taken in relation to the main areas of policy for tackling child poverty. They are: parental employment and skills; financial support; health, education and social services; and housing, the built and natural environment and the promotion of social inclusion.
47. Subsection (6) concerns the required content of the strategy. Subsection (6)(a)(i) provides that the Secretary of State must describe the progress towards each of the targets in clauses 2 to 5 that he thinks is needed over the period covered by the strategy in order to reach the targets by the end of the target year. Subsection (6)(a)(ii) requires the Secretary of State to set out in the strategy the progress that he intends to make in the period covered by the strategy in achieving the aim of ensuring as far as possible that children do not experience socio-economic disadvantage.
48. Subsection (6)(b) requires the Secretary of State to set out in the strategy the progress (other than that which is a result of ensuring that the targets are met) he intends to make by the end of the target year in ensuring as far as possible that children do not experience socio-economic disadvantage. This provision is aimed at children, such as those living in communal establishments or institutions, who are not included in the targets at clauses 2 to 5. The Bill is intended to address poverty experienced by all children, and is not limited to children whose circumstances can be measured by the targets in clauses 2 to 5.
49. Subsection (7)(a) requires a revised UK strategy to describe the measures taken in accordance with the previous UK strategy, or in accordance with strategies prepared by the devolved administrations. A revised UK strategy must also describe the effect that those measures had on progress towards meeting the targets in clauses 2 to 5 (subsection (7)(b)) and other effects of those measures on the aim of ensuring as far as possible that children do not experience socio-economic disadvantage (subsection (7)(c)).
50. Subsection (8) provides that the period to which a strategy relates is three years from the date on which the UK strategy is laid before Parliament, except when a strategy is laid before Parliament less than three years before the beginning of the target year, in which case the period runs from the date it was laid until the end of the target year.
Clause 9: Provision of advice by Commission and consultation with others
51. Clause 9 sets out the role of the Commission in providing advice to the Government and specifies who the Secretary of State must consult in preparing UK strategies. Subsection (1) places a duty on the Secretary of State to request the advice of the Commission when preparing a UK strategy. The Secretary of State must specify in the request the date by which the Commission must give its advice.
52. Subsection (2) allows the Secretary of State at any time to request the advice of the Commission (by a specified deadline) on matters connected with a UK strategy (subsection (2)(a)) or the targets in clauses 2 to 5 (subsection (2)(b)).
53. Subsection (3) requires the Secretary of State to have regard to advice provided by the Commission.
54. Subsection (4) provides that, when preparing a UK strategy, the Secretary of State must consult: such local authorities or associations of local authorities in England as the Secretary of State thinks fit; the devolved administrations; such children, or organisations working with or representing children, as the Secretary of State thinks fit; and may consult such other persons as the Secretary of State thinks fit.
55. Subsection (5) relates to the preparation of a UK strategy. It provides that when preparing a strategy, the Secretary of State must have regard to the content of any Scottish, Welsh, or Northern Ireland strategies.
Clause 10: Scottish strategies
56. Clause 10 (subsection (1)) requires the Scottish Ministers to publish and lay before the Scottish Parliament a child poverty strategy within 12 months of Royal Assent of the Bill.
57. Subsection (2)(a) and (b) specify that this strategy must set out the measures that the Scottish Ministers will take to contribute towards achieving the UK targets in clauses 2 to 5 and to ensure as far as possible that children in Scotland do not experience socio-economic disadvantage.
58. Subsection (3) requires that before the end of the period to which a Scottish strategy relates, the Scottish Ministers must review the strategy and publish and lay before the Scottish Parliament a revised Scottish strategy. Strategies must be published every 3 years; however, there is no requirement under this clause to publish revised strategies after the beginning of the target year.
59. Subsection (4) concerns the content of a Scottish strategy. Subsection (4)(a)(i) requires the strategy to describe the progress the Scottish Ministers intend to make over the period covered by the strategy in contributing to the meeting of the targets in clauses 2 to 5 by the end of the target year. Subsection (4)(a)(ii) requires the Scottish Ministers to set out in the strategy the progress that they intend to make in the period covered by the strategy in achieving the aim of ensuring as far as possible that children in Scotland do not experience socio-economic disadvantage. Subsection (4)(b) requires the Scottish Ministers to set out in the strategy the progress (other than that which is a result of ensuring that the targets are met) they intend to make by the end of the target year to ensure as far as possible that children do not experience socio-economic disadvantage.
60. Subsection (5) provides a revised Scottish strategy to also describe: the measures taken in accordance with the previous Scottish strategy, the effect that those measures had on progress towards meeting the targets in clauses 2 to 5 and other
effects of those measures that contribute to the aim of ensuring as far as possible that children in Scotland do not experience socio-economic disadvantage.
61. Subsection (6) stipulates that a Scottish strategy may not include proposed measures that relate to reserved matters, within the meaning of the Scotland Act 1998.
62. Subsection (7) specifies that the period to which a Scottish strategy relates is three years from the date on which the strategy is laid before the Scottish Parliament, except when a strategy is laid before the Scottish Parliament less than three years before the beginning of the target year, in which case the period runs from the date it was laid until the end of the target year.
Clause 11: Northern Ireland strategies
63. Clause 11 (subsection (1)) requires the relevant Northern Ireland department to publish and lay before the Northern Ireland Assembly a child poverty strategy within 12 months of Royal Assent of the Bill.
64. Subsection (2)(a) and (b) specify that a strategy must set out the measures that the relevant Northern Ireland department will take to contribute towards achieving the UK targets in clauses 2 to 5 and to ensure as far as possible that children in Northern Ireland do not experience socio-economic disadvantage.
65. Subsection (3) requires that before the end of the period to which a Northern Ireland strategy relates, the relevant Northern Ireland department must review the strategy and publish and lay before the Northern Ireland Assembly a revised Northern Ireland strategy. Strategies must be published every 3 years; however, there is no requirement to publish revised strategies after the beginning of the target year.
66. Subsection (4) concerns the content of the Northern Ireland strategy. Subsection (4)(a)(i) requires the strategy to describe the progress the relevant Northern Ireland department intends to make over the period covered by the strategy in contributing to the meeting of the targets in clauses 2 to 5 by the end of the target year. Subsection (4)(a)(ii) requires the relevant Northern Ireland department to set out in the strategy the progress that they intend to make in the period covered by the strategy in achieving the aim as far as possible that children in Northern Ireland do not experience socio-economic disadvantage. Subsection (4)(b) requires the relevant Northern Ireland department to set out in the strategy the progress (other than that which is a result of ensuring that the targets are met) they intend to make by the end of the target year in ensuring as far as possible that children in Northern Ireland do not experience socio-economic disadvantage.
67. Subsection (5) requires a revised Northern Ireland strategy to also describe: the measures taken in accordance with the previous Northern Ireland strategy, the effect that those measures had on progress towards meeting the targets in clauses 2 to 5 and
other effects of those measures that contribute to the aim of ensuring as far as possible that children in Northern Ireland do not experience socio-economic disadvantage.
68. Subsection (6) stipulates that a Northern Ireland strategy may not include proposed measures that relate to excepted or reserved matters, within the meaning of the Northern Ireland Act 1998.
69. Subsection (7) specifies that the period to which a Northern Ireland strategy relates is three years from the date on which the strategy is laid before the Northern Ireland Assembly, except when a strategy is laid before the Northern Ireland Assembly less than three years before the beginning of the target year, in which case the period runs from the date it was laid until the end of the target year.
Clause 12: Advice and consultation: Scotland and Northern Ireland
70. Clause 12 makes provision about the role of the Commission in relation to the preparation of Scottish and Northern Ireland strategies. It also requires the devolved administrations to consult particular persons when they are preparing those strategies.
71. Subsection (1) places a duty on the Scottish Ministers and the relevant Northern Ireland department to request the advice of the Commission when preparing a Scottish or Northern Ireland strategy and to specify a date by which the advice must be provided.
72. Subsection (2) requires the Scottish Ministers and the relevant Northern Ireland department to have regard to the Commission’s advice in the development of their strategies.
73. Subsection (3) lists the parties that the devolved administrations must consult in preparing their strategies. The Scottish Ministers must consult such local authorities or associations of local authorities in Scotland as they think fit. Both the Scottish Ministers and the relevant Northern Ireland department are required to consult the Secretary of State and such children, or organisations working with or representing children, as they think fit. They may also consult other persons.
Clause 13: Reports by Secretary of State
74. Clause 13 imposes a duty on the Secretary of State to produce and lay before Parliament annual reports and includes other provisions relating to the annual reports. Subsection (1) requires the Secretary of State to produce annual reports during the period between the date the strategy is laid before Parliament and the target year. These reports must cover the progress made towards the targets in clauses 2 to 5, and in implementing the most recent UK strategy. Subsection (2) sets the dates by which the reports must be published.
| 
