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CHILDREN'S COMMISSIONER BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

    INTRODUCTION

  1. This Explanatory and Financial Memorandum has been prepared in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

  2. The Memorandum needs to be read in conjunction with the Bill. It does not, and is not meant to be, a comprehensive description of the Bill.

    3. BACKGROUND AND POLICY OBJECTIVES

  3. It is accepted that the general situation for children in Northern Ireland is poor. Northern Ireland features at the top of many indices of deprivation. In particular, it has the highest level of registered child abuse in the UK and more children in care per head of population than England or Wales. Historically, investment in, and policy and legislative development of children's issues have lagged behind that of other regions in the UK. Children in Northern Ireland have currently no advocate within government structures.

  4. The Committee for Health, Social Services and Public Safety conducted an inquiry into Residential and Secure Accommodation for Children in Northern Ireland. The Report and Proceedings of the Committee were published on 4th December 2000. Though chiefly concerned with the provision and situation of children in the care system, the Report recommended, inter alia, that "A Commissioner for Children should be appointed to act as a watchdog in promoting and protecting the interests of children in Northern Ireland."

  5. The report concluded that an independent Commissioner would provide children with a much needed profile, particularly those in and leaving care, as well as being in a position to advise the Executive of its responsibilities under the UN Convention on the Rights of the Child.

  6. Further, the HSSPS Committee Report envisaged the functions of a Commissioner for Children as including the following:

  7. Additionally, MLA's have been keen to raise the issue both through Parliamentary Questions and No Day Named Motions, and the Executive has also accepted the need for such a Commissioner by announcing a consultation on the matter earlier in the year.

    8. CONSULTATION

  8. The NIWC circulated a draft of the proposed Bill to a number of organisations concerned with children's issues. These include the National Society for the Prevention of Cruelty to Children [NSPCC]; Save the Children; Barnardos; the Children's Law Centre. The Northern Ireland Human Rights Commission has also been informed about the Bill.

    9. OPTIONS CONSIDERED

  9. Having considered the responses from the above organisations, the NIWC decided to bring forward the option recommended by the Health Social Services and Public Safety Committee and propose that a Children's Commissioner be established on a legislative footing, via a Private Member's Bill.

    10. COMMENTARY ON CLAUSES

    Clause 1: Appointment and staff of Commissioner

    This clause establishes a Children's Commissioner as an independent body, with powers to appoint staff.

    Clause 2: Duties and guiding principles

    This clause deals with the functions of the Children's Commissioner, and the principles to which they shall have regard in exercising these functions. There is a general function to promote the rights and interests of children, and to seek to ensure that these are properly taken into account by Ministers of the Assembly and other public authorities and bodies.

    Clause 3: Annual reports

    This clause provides for the publication of an annual report by the Commissioner.

    Clause 4: Recommendations and compliance notices

    This clause provides for the Commissioner to make other reports. Such reports may contain recommendations for actions by others. In particular such reports may make recommendations in respect of compliance with the provision of the UN Convention on the Rights of the Child as ratified by Her Majesty's Government.

    Clause 5: Following up recommendations

    This clause provides for the person at whom a recommendation is directed by the Commissioner to consider and respond to the Commissioner. The Commissioner has the power to require a person at whom a recommendation is directed to furnish them with information to see if the recommendation has been complied with. It provides for the Commissioner to publish any failure to comply with their recommendations, and requires the Commission to establish an open register of compliance notices.

    Clause 6: Investigations

    This clause provides that the Commissioner may conduct a formal investigation for the purpose of carrying out their duties, with powers to require the production of relevant documents. The Commissioner will prepare and publish a report of the findings from any such investigation.

    Clause 7: Child impact statements

    This clause places a duty on a Northern Ireland Assembly Minister to provide a child impact statement on policies or decisions when the Commissioner has determined such statements are necessary. Such a statement is in keeping with section 75 of the Northern Ireland Act 1998.

    Clause 8: Other powers and functions

    This clause deals with other bodies under statutory obligation for the purpose of representing children to provide statistics on request from the Commissioner.

    Clause 9: Legal proceedings and inquiries

    This clause provides for the Commissioner to make representations in their own name at inquiries being held by Ministers or other public bodies.

    Clause 10: Legislation affecting children

    This clause provides for the Commissioner being consulted if a Minister of the Assembly proposes any Bill that will significantly affect children.

    Clause 11: Code of consultation

    This clause proposes that the Northern Ireland Executive will produce a code that sets out how the Commissioner will be consulted in relation to its work.

    Clause 13: Reports to the Committee on the Rights of the Child

    This clause provides for the Commissioner to consider and respond to a draft of any report the NI Executive intended to submit to the UN Committee of the Rights of the Child.

    Clause 15: Interpretation

    This clause defines a child as a person under the age of eighteen.

    FINANCIAL EFFECTS OF THE BILL

  10. It is envisaged that the start up costs for the Commissioner will be £100k and that the office of the Commissioner will cost approximately £500k per anum to run thereafter.

    11. impact on relations, co-operation or common action on a north/south or east/west basis

  11. A Children's Commissioner has recently been appointed in Wales following recommendations in the report 'Lost in Care' that followed the Waterhouse Inquiry. Establishing a Children's Commission in Northern Ireland would be a common action and would offer opportunity to develop positive relationships and co-operation on an East/West basis. In the Republic of Ireland, the first ever National Children's Strategy - Our Children, Their Lives - has recently been published. It envisages new structures to deliver better co-ordination between government departments and agencies delivering services to children. There is scope, therefore, for common action and co-operation on a North/South basis.

    12. EFFECTS ON EQUAL OPPORTUNITY

  12. The impact of the Bill on equality of opportunity as between those groups listed in section 75 of the Northern Ireland Act 1998 has been considered, and no adverse effects were identified.

    13. LEGISLATIVE COMPETENCE

  13. The Member in charge of the Bill, Ms Monica McWilliams, has made the following statement under section 9 of the Northern Ireland Act 1998:

    14. "In my view the Children's Commissioner Bill would be within the legislative competence of the Northern Ireland Assembly."