This Memorandum refers to the Safeguarding Board Bill as introduced in the Northern Ireland Assembly on 14 December 2010 (Bill 25/09)
SAFEGUARDING BOARD BILL
EXPLANATORY AND FINANCIAL MEMORANDUM
INTRODUCTION
1. This Explanatory and Financial Memorandum has been prepared by the Department of Health, Social Services and Public Safety 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 is not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause or schedule does not seem to require an explanation or comment, none is given.
BACKGROUND AND POLICY OBJECTIVES
3. In the early 1990s Area Child Protection Committees (ACPCs) were established in each of the former Health and Social Services Boards. The ACPCs were responsible for promoting inter-agency work to protect children and to monitor and evaluate how well child protection services were working.In 2006, a range of measures were introduced which were designed to strengthen child protection in Northern Ireland. Among these was a proposal to improve interagency co-operation on child protection through the establishment of a regional Safeguarding Board for Northern Ireland (SBNI). This measure is designed to ensure co-operation at the highest level within Government Departments, the Health and Social Care system, local government and in the voluntary and community sectors.
4. The Safeguarding Board will replace the current Regional Child Protection Committee which has been operating since November 2009. The Bill will provide the required legislative framework for the creation of a new regional Safeguarding Board (SBNI). It will also provide the legislative framework for the creation of a structure of 5 Safeguarding Panels, one located in each Health and Social Care Trust’s geographical area, to support the SBNI.
CONSULTATION
5. In October 2002, a Private Member’s Bill, sponsored by Patricia Lewsley, then an SDLP MLA, had been due to have its first reading in the Assembly. However, following the suspension of the Assembly, the Bill did not proceed. As the DHSSPS proposals to establish a Safeguarding Board were largely building on Ms Lewsley’s proposals, which had already been subject to two separate consultations, it was agreed that it would only be necessary to undertake a short consultation period of 4 weeks which lasted from 15 January 2007 until 9 February 2007.
6. The 2007 consultation elicited a total of 47 responses from a range of stakeholders across the voluntary and statutory sector. In general, there were many positive comments that welcomed the proposals. A range of issues and suggestions were also highlighted and have been extremely helpful in informing consideration of the detail of the proposals.
OPTIONS CONSIDERED
7. In the early 1990s Area Child Protection Committees (ACPCs) were established in each of the former Health and Social Services Boards. The ACPCs were responsible for promoting inter-agency work to protect children and to monitor and evaluate how well child protection services were working.
8 One option was to replace the 4 existing ACPCs with one regional ACPC. However, it was decided that it was necessary to put the new organisation onto a statutory footing and to ensure that it would have a broader scope that extended beyond the existing responsibilities of the ACPCs in order to address the safeguarding agenda in a more effective manner.
9. The option to establish an SBNI allows greater scope to evolve a more all-embracing approach between child protection and wider safeguarding by placing greater emphasis on the family support model of work, which incorporates both protection and prevention.
OVERVIEW
10. The Bill has 18 clauses. A commentary on the provisions follows below. Comments are not given where the wording is self-explanatory
COMMENTARY ON CLAUSES
Clause 1: Safeguarding Board for Northern Ireland
Provides for the establishment of a Safeguarding Board for Northern Ireland (SBNI) and places a duty on the Department of Health, Social Services and Public Safety (the Department) to establish the SBNI.
Clause 2: Objective of the Safeguarding Board
Sets out the principal objective of the SBNI which is to co-ordinate and ensure the effectiveness of what is done by each person or body represented on the SBNI to safeguard and promote the welfare of children.
Clause 3: Functions of the Safeguarding Board
Describes the main duties and powers of the SBNI
Clause 4: Directions to the Safeguarding Board
Provides a power for the Department to give directions (either general or specific) to the SBNI as to how the SBNI should carry out its functions. The Department is also required to consult with the SBNI before issuing directions. The clause also provides for the Department to give directions without consulting in cases where the urgency of the matter necessitates it but requires the Department, in cases where the duty to consult has been set aside because of the urgency of the matter, to report retrospectively to the SBNI with reasons for taking this course of action.
Clause 5: Functions of Safeguarding Board - general
Provides that the way in which the SBNI exercises its functions may be prescribed in subordinate legislation. It places a duty on the SBNI to have due regard to any guidance provided by the Department in relation to the exercise of SBNI functions.
Clause 6: Annual Report of Safeguarding Board
Places a duty on the SBNI to produce an annual report for the Department in such form, and containing such information, as may be prescribed The Department must lay a copy of the report before the Assembly.
Clause 7: Committees and sub-committees
Places a duty on the SBNI to establish (i) a prescribed number of committees which will be known as Safeguarding Panels; (ii) a committee which will be known as the Child Death Overview Panel; and (iii) a committee which will be known as the Case Management Review Panel. It also gives the SBNI power to establish other committees. In addition, it gives a power to the SBNI or a committee to establish one or more sub-committees. It provides that aspects such as the procedure, functions, staff, premises and expenses of committees and sub-committees may be prescribed in subordinate legislation. It further provides that the Department may pay the Chairs of committees and sub-committees such remuneration and expenses as the Department may, with the approval of the Department of Finance and Personnel, determine. It also provides a power to prescribe for members of committees and sub-committees.
Clause 8: Functions of committees etc. and sub-committees
Provides that the way in which each committee and sub-committee exercises their functions may be prescribed in subordinate legislation. It also places a duty on each committee and sub-committee to have due regard to any guidance provided by the Department or the SBNI in relation to the exercise of their functions.
Clause 9: Annual Report of committees
Places a duty on each committee to produce an annual report for the SBNI in such form and containing such information as may be prescribed
Clause 10: Duty to co-operate
Places a reciprocal duty of co-operation on the SBNI and its constituent bodies and any other bodies that may be included in the SBNI.
Clause 11: Supply of information requested by Safeguarding Board
Places a duty on bodies or persons to supply information requested by the SBNI but sets out the specific conditions to be satisfied before such requests for information can be met.
Clause 12: Arrangements to safeguard and promote welfare of children
Places a duty on each person and body to which this particular clause applies to make sure that they have due regard to the need to safeguard and promote the welfare of children in exercising their functions. It also places a requirement on the bodies to have due regard to any guidance provided by the Department in relation to the exercise of their duty under this section.
Clause 13: Minor or consequential amendments
Makes minor or consequential amendments to other legislation.
Clause 14: Ancillary and transitional provisions etc.
Allows the Department to make further provision in connection with implementing the Bill.
Clause 15: Regulations
Contains provision about the required procedures for making subordinate legislation under the Bill.
Clause 16: Commencement
Provides that the main provisions of the Bill come into operation on a later day as appointed by the Department.
FINANCIAL EFFECTS OF THE BILL
11. Funding of £750k has been secured within the existing DHSSPS budget to facilitate the establishment of the SBNI.
HUMAN RIGHTS ISSUES
12. The provisions of the Bill are compatible with the European Convention on Human Rights.
EQUALITY IMPACT ASSESSMENT
13. DHSSPS conducted an initial screening of the Safeguarding proposals in advance of the consultation process in January 2007 and concluded that a full Equality Impact Assessment (EQIA) was not necessary as the introduction of the legislation is aimed at strengthening the measures which are designed to further protect all children and young people. The legislation does not have an adverse impact for children and young people in relation to the Section 75 categories.
14. A number of specific questions on Section 75 issues were also included in the consultation document but no major issues were raised in any of the responses received.
SUMMARY OF THE REGULATORY IMPACT ASSESSMENT
15. As the Bill imposes no costs or savings, or negligible costs or savings on business, charities, social economy enterprises or the voluntary sector, a Regulatory Impact Assessment was not considered necessary.
LEGISLATIVE COMPETENCE
16. The Minister for Health, Social Services and Public Safety had made the following statement under section 9 of the Northern Ireland Act 1998:
“In my view the Safeguarding Board Bill would be within the legislative competence of the Northern Ireland Assembly.”