Memorandum submitted by Law Centre (NI)
1. ABOUT LAW
CENTRE (NI)
1.1 Law Centre (NI) is a public interest
law non-governmental organisation. We work to promote social justice
and provide specialist legal services to advice organisations
and disadvantaged individuals through our advice line and our
casework services from our two regional offices in Northern Ireland.
It provides a specialist legal service (advice, representation,
training, information and policy comment) in five areas of law:
social security, mental health, immigration, community care and
employment. Law Centre services are provided to over 450 member
agencies in Northern Ireland. In this paper we outline our concerns
regarding the implementation of the draft Bill, drawing attention
to the Northern Ireland specific issues.
2. INTRODUCTION
2.1 The development of the Child Poverty
Bill is a welcome initiative but the Bill provides limited information
on how the new legislation will be used to improve everyday life
for children and families in poverty. The document sets out a
number of specific targets with little detail on how these targets
should be implemented and met. We welcome the opportunity to respond
to this call for evidence on the Child Poverty Bill. We have made
some general comments in response and address some of the questions
which were posed for consultation.
3. KEY RECOMMENDATIONS
3.1 We comment in more detail on each of
these concerns within the body of the paper and have highlighted
the appropriate paragraphs for ease of reference. In summary,
we recommend that:
— The Bill should make more specific reference
to Northern Ireland and the other devolved governments (4.1).
— Northern Ireland's local strategy under
the Bill should be based upon its anti-poverty strategy Lifetime
Opportunities (5.1 & 5.2).
— UK wide targets should be monitored in
each jurisdiction (6.1).
— The Bill include a mechanism for reporting
to the devolved administrations as well as to Westminster (6.2).
— Annual reports specify how much has been
spent on tackling child poverty and how many children have been
lifted out of poverty (6.2).
— The Bill should include provisions to
formalise duties on public bodies in Northern Ireland (7.2.1).
— Full statistical information on the numbers
of asylum seeking and trafficked children in Northern Ireland
be made publicly available (7.3.1 & 7.3.2).
— The Bill should define what constitutes
persistent poverty (7.4.1).
— The NI Executive 2012 target for the
elimination of severe child poverty be included in the NI provisions
of the Bill (7.4.2).
4. THE NORTHERN
IRELAND CONTEXT
4.1 There are approximately 100,000[48]
children in Northern Ireland living in poverty with around 44,000[49]
children living in severe poverty. Northern Ireland has an additional
target for the elimination of severe child poverty by 2012. This
is the first target of its kind in the United Kingdom. Given this
commitment and the differing needs within Northern Ireland we
believe the Bill should make more specific reference to Northern
Ireland and the other devolved governments.
4.2 We were disappointed that there was
no separate Northern Ireland consultation on the proposals within
the Bill. The Northern Ireland Government has stated that it is
committed to "proactively change the existing patterns of
social disadvantage by using increased prosperity and economic
growth to tackle ongoing poverty."[50]
Now we are facing a time of economic downturn this commitment
should not be reneged upon rather it should be preserved in a
Child Poverty Bill and a Child Poverty Strategy that will ensure
the immediate protection for the most vulnerable and marginalised
children who are living in poverty. Article 27 of the UN Convention
on the Rights of the Child states that "States Parties recognize
the right of every child to a standard of living adequate for
the child's physical, mental, spiritual, moral and social development"
and that "State Parties ... shall take appropriate measures
to assist parents and others responsible for the child to implement
this right." The implementation of a robust Child Poverty
Bill would go some way to meeting this obligation.
5. CHILD POVERTY
STRATEGY
5.1 Once enacted, the legislation will place
an obligation on the Northern Ireland Assembly to develop a local
strategy, within 12 months from the day the Act is passed, to
set out the measures it will take to meet the child poverty targets
set out in the Bill.
5.2 In November 2006 the Northern Ireland
Executive developed an anti-poverty strategy Lifetime Opportunities,
but it was not agreed by the Executive until November 2008. Given
that the Lifetime Opportunities strategy is already in
place, the development of a further discrete strategy on child
poverty may not be necessary or appropriate. What is needed is
the inclusion of specific and costed child poverty actions and
targets to ensure that this strategy meets its existing targets
for the elimination of severe child poverty and the anticipated
new legislative requirement to counteract child poverty in Northern
Ireland. This will require capitalising on the work undertaken
in the development of Lifetime Opportunities.
6. REPORTING
AND MONITORING
6.1 The Westminster Bill has UK-wide application.
We support the UK wide targets set within the Bill. These targets
however should be monitored in each jurisdiction so as to provide
a comprehensive picture of overall progress. Given the difference
in population in each jurisdiction it would be possible for the
targets set in the Bill to be met by only one jurisdiction but
not met in the other jurisdictions.
6.2 We welcome the duty on the Northern
Ireland Executive to place a Strategy before the Northern Ireland
Assembly and the duty on the UK government to lay a UK strategy
before Parliament every three years. We note, however, that the
Bill only requires that annual reports on progress in each jurisdiction
towards the targets in the Bill be submitted by the Westminster
Government to Parliament. A mechanism for reporting to the devolved
administrations as well as to Westminster on the targets in the
Bill needs to be developed. This will ensure that the Northern
Ireland Assembly is also held accountable for the ongoing implementation
of the Bill in a transparent manner. We also believe that the
annual reports need to specify how much has been spent on tackling
child poverty and how many children have been lifted out of poverty
as a result of the actions within the strategy.
7. SPECIFIC QUESTIONS
7.1 What is the intended effect of clause
15 of the Bill, concerning the relevance of economic and fiscal
circumstances, and in particular its relationship with the duty
in clause 1 to ensure the targets are met?
7.1.1 We are pleased that the Bill does
not include the initial consultation proposals that meeting the
2020 target should be subject to overall affordability, so that
in adverse economic circumstances the Government could be exempt
from the legal commitment to meet the target. The inclusion of
clause 15 and the requirement that Government and the devolved
administrations must take into account the impact of measures
to tackle child poverty on the economy and on taxation, spending
and borrowing can be either a positive or negative requirement.
7.1.2 Child poverty is estimated to cost
the UK at least £25 billion each year, and yet the long-term
improvement in the fiscal position which tackling child poverty
would bring about is not mentioned here.[51]
We are concerned that this clause could be interpreted in such
a way as to weaken the legislation and strategy development process.
Alternatively this clause could be used to an advantage. By requiring
Government to consider the economic circumstances it will also
have to consider the positive economic impact tackling child poverty
now will have on future expenditure.
7.2 Why is there no duty to implement the
child poverty strategy?
7.2.1 We share the Committee's concerns
about the distinct lack of a duty within the Bill to implement
the child poverty strategy. While the Bill introduces proposals
to formalise duties on local authorities in England, local authorities
in Northern Ireland will not be covered by the Bill. This leaves
children in Northern Ireland in a more vulnerable position, with
lesser protection for their rights. The Bill should include provisions
to formalise duties on public bodies in Northern Ireland or place
an obligation on Northern Ireland elected representatives to consider
how meeting child poverty targets can be effectively contributed
to by regional agencies and local government structures.
7.3 What is the Government doing to make sure
that data is available so that all children can be measured against
the targets, and in particular those, such as Gypsy or Roma children,
or asylum seeking children, who are excluded from the targets
but are the poorest groups which the Government ought to be specifically
targeting?
7.3.1 There are significant concerns in
Northern Ireland regarding the lack of statistical information
on the number of asylum seeking children residing in Northern
Ireland. Law Centre (NI) has been unable to obtain statistics
on asylum seekers in Northern Ireland that are broken down to
include the age of dependents.[52]
It is vital for ongoing work in this area that full statistical
information on the numbers of asylum seeking children in Northern
Ireland and the UK as a whole are available.
7.3.2 Consideration should also be given
to the number of children who are the victims of trafficking.
These children are a further vulnerable group at considerable
risk of exploitation and exposure to child poverty. Again, Law
Centre (NI) has been unable to obtain comprehensive statistics
to ascertain the exact number of trafficked children in Northern
Ireland. The Bill does not refer to how the Government or devolved
administrations should act to protect these very vulnerable groups
of children.
7.4 How does the Government propose to focus
in particular on children living in severe and persistent poverty?
Persistent Poverty
7.4.1 We welcome the inclusion of a measure
of persistent poverty. The Bill does not define what constitutes
persistent poverty and this measure should be defined as soon
as is practicable. In Northern Ireland joint research by Save
the Children and Queen's University Belfast shows that at 21%,
persistent poverty is more than double the GB level—making
it of particular importance for Northern Ireland that a target
is set to eradicate persistent poverty by 2020.[53]
Severe Poverty
7.4.2 As stated above the NI Executive has
already adopted a 2012 target for the elimination of severe child
poverty. This earlier target should be included in the NI provisions
of the Bill. Further, consideration should be given to the inclusion
of this target within the Bill for the UK as a whole. The number
of children living in severe poverty has not reduced in recent
years. In fact, recent research suggests that the recession will
lead to an increase in severe child poverty.[54]
In their most recent Concluding Observations, the UN Committee
on the Rights of the Child recommended that the legislation and
strategy for tackling child poverty should focus attention on
those living in the most severe poverty.[55]
Further, the Work and Pensions Select Committee recommended the
creation of an "explicit indicator" to measure progress
on severe and persistent poverty in its enquiry on child poverty.[56]
It is vital to have a strong focus on severe and persistent poverty
to ensure that the most disadvantaged are not left behind.
8. CONCLUSION
8.1 Law Centre (NI) welcomes the opportunity
to provide evidence to the Committee. We trust you will find our
comments helpful. If there is any further way in which we could
contribute to this process we would welcome the opportunity to
do so.
September 2009
48 Kenway et al, Monitoring Poverty and Social Exclusion
in Northern Ireland 2006. Back
49
Magadi P and Middleton P, Measuring Severe Child Poverty in
the UK, Save the Children, London. Back
50
Programme for Government 2008-11 (2007), Northern Ireland Executive,
Belfast, pg 7. Back
51
Save the Children, Briefing Paper-The Child Poverty Bill,
June 2009. Back
52
Home Office, Control of Immigration; Quarterly Statistical
Summary, UK, Jan to March 2009 at http://www.homeoffice.gov.uk/rds/pdfs09/immiq109.pdf.
Correct as of 26/08/09. This confirms that in Northern Ireland
in the first quarter of 2009 there were 20 asylum seekers in receipt
of subsistence only support including dependents. Back
53
Monteith M, Lloyd K and McKee P, Persistent Child Poverty in
Northern Ireland, Save the Children & ARK, 2008. Back
54
JRF (2009) Ending child poverty in a changing economy. Back
55
See http://www2.ohchr.org/english/bodies/crc/ Correct as of 26/08/09. Back
56
Work and Pensions Committee, The best start in life? Alleviating
deprivation, improving social mobility, and eradicating child
poverty, 2008. At http://www.publications.parliament.uk/pa/cm200708/cmselect/cmworpen/42/4202.htm
Correct as of 26/08/09. Back
| 
