I beg to move amendment 13: In page 23, line 34, after "35(8)" insert "or 35A(7)".

No 17 (schedule 3): In page 24, line 32, column 2, at end insert "Article 3(2)(a)". - [Mr Durkan]

These amendments deal with the redemption of nominal fee farm rents.

Members will be aware that amendment 15 has been tabled in the name of Mr Leslie, and I will leave it to him to speak on the substance of that. The two amendments tabled in my name, 13 and 17, are consequential to the substantive amendment.

I support Mr Leslie's amendment, which will provide a system whereby owners of nominal fee farm rents may, by declaration lodged with land registers, discharge the property free from the ground rent. It complements the existing well established procedure contained in article 35 of the Property (Northern Ireland) Order 1997 for freeing leasehold properties of nominal ground rents.

Amendment 13 is technical in nature. Its purpose is to amend the Land Registration Act (Northern Ireland) 1970 to include reference to the new provisions that would be inserted by Mr Leslie's amendment.

Amendment 17 is technical in nature and removes from article 3 of the Property (Northern Ireland) Order 1997 a now-redundant definition of a nominal ground rent. A new definition of a nominal ground rent is included in article 35 of that Order.

I shall move amendment 15: In page 24, after line 18, insert

I would like to explain the background to amendment 15, and I thank the Minister for moving the other two amendments that relate to it.

Article 35 of the Property (Northern Ireland) Order 1997 applies only to a leasehold estate. The article 35 procedure is not therefore available to fee farm rents, which are a type of freehold. Although the standard redemption procedure in this Ground Rents Bill does not distinguish between ground rents and fee farm rents, and it quite deliberately encompasses both, the article 35 procedure is available only for ground rents.

As drafted, the Bill amends the article 35 procedure to include nominal ground rents, but it does not amend the procedure to include fee farm rents. This amendment addresses concerns that were raised by the Law Society in relation to nominal fee farm rents. The amendment will ensure that nominal fee farm rents can be redeemed in future under the article 35 procedure.

I reinforce the point that these amendments are necessary as a result of the change in the definition of a nominal ground rent contained in this Ground Rents Bill. It differs from the definition originally contained in the Property (Northern Ireland) Order 1997. The policy aim is to ensure that the redemption procedure does not apply to nominal rents and that those small rents can be discharged through a different and simple mechanism.

Amendment 13 - moved or not moved?

Moved.

An amendment to schedule 2 - No 14 - has already been debated.

Amendment (No 14) made: In page 24, line 12, leave out "(7) to (10)" and insert "(7), (8) and (10)". - [Mr Durkan]

Amendment 15 - moved or not moved?

May I remind Members of the corrigendum: In page 6 of the Marshalled List - paragraph (7) of the proposed new article - delete "12" and insert "15".

Moved.

An amendment to schedule 3 - No 16 - has already been debated.

An amendment to schedule 3 - No 17 - has already been debated.

Amendment (No 17) made: In page 24, line 32, column 2, at end add "article 3(2)(a)." - [Mr Durkan]

That concludes the Consideration Stage of the Ground Rents Bill, which now stands referred to the Speaker.

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Assembly Standing Orders

I beg to move

Go raibh maith agat, a Cheann Comhairle. Standing Order 40(4) states that where a Bill has not completed its passage by the end of an Assembly session, it may by leave of the Assembly be carried over and its passage continued into the next session. The vote of the Assembly must be unanimous or the Bill will fall. It has been brought to our attention that that disadvantages the legislative process as a whole, and in particular parity legislation. The Committee on Procedures has considered that and recommends that the Assembly adopt the proposed changes to Standing Orders. Those changes will allow Bills that have not gone through all stages of the legislative process to be carried forward automatically into the next session. However, this does not apply when the Assembly stands dissolved at the time of an election.

No Member has requested to speak, therefore I assume that a winding-up speech is not necessary. Let me remind Members that amendments to Standing Orders require cross-community support. I have indicated before that where there appears to be no objection to a motion, and there are indications of Ayes from all sides of the House, I shall not require a Division for cross-community support to be demonstrated. However, if there are objections, because of the requirement for cross-community support, a Division will be called.

Further amendments to Standing Orders are to be moved, and I will explain how I propose to conduct the debate. As the next eight motions relate to the Committee of the Centre's role in dealing with legislation, I propose to conduct only one debate, after which I will ask the Clerk to read each of the motions. I will then ask the proposer to move each motion formally. I will put the Question on each motion without further debate. My earlier comments about the need for a cross-community vote will also apply. If that is clear and there is no objection, I will conduct the debate in that fashion.

I beg to move

This series of proposed amendments to Standing Orders is an attempt by the Committee of Procedures to deal with some of the questions surrounding the fact that the Committee of the Centre, which is meant to scrutinise the Office of the First Minister and the Deputy First Minister, does not have the same powers as the 10 Statutory Committees. It is not an attempt to address all of the arguments about the Committee of the Centre and its relationship with the Office of the First Minister and the Deputy First Minister. However, it is a bid to try to ensure that legislation that comes from the Office of the First Minister and the Deputy First Minister will automatically be able to be referred to the Committee of the Centre, without a motion having to be put to the Assembly.

Section 29 of the Northern Ireland Act 1998 provides that Standing Orders must make provision for conferring on Statutory Committees the powers described in strand one of the Good Friday Agreement. One of these powers is the approval of relevant secondary legislation and the taking of the Committee Stage of relevant primary legislation.

Standing Order 31 states

Standing Order 41 states

There is rarely a difficulty in deciding on the appropriate Committee, but, as Members are aware, there is no Statutory Committee to deal with the Office of the First Minister and the Deputy First Minister. This is not an attempt to conclude that argument or debate, which has been raised several times in the Assembly; it is about trying to deal with matters as we currently find them. Standing Order 59 says that the Committee of the Centre shall examine and report on the functions of the Office of the First Minister and the Deputy First Minister.

The Committee of the Centre is a Standing Committee, not a Statutory Committee. Until now, when progressing any piece of legislation from the Office of the First Minister and the Deputy First Minister, it has been necessary to put a motion to the Assembly seeking leave to refer it to the Committee of the Centre - as happened recently with the Electronic Communications Bill. In moving these amendments the Procedures Committee is trying to overcome this anomaly.

The Committee of the Centre welcomes the opportunity to be able to conduct its business more efficiently, as a result of the Standing Orders being amended. The situation was, indeed, an anomalous one, in that the Committee could not deal with issues coming from the Office of the First Minister and the Deputy First Minister without a motion being put before the Assembly.

Do you wish to speak, Mr Nesbitt?

I thought, Mr Speaker, that you had indicated a procedure whereby I was to speak.

The Member needs to understand that if he wishes to speak in a debate, he needs to catch the Speaker's eye or put his name down. This is in respect of a motion.

I am not speaking as a non-Executive Member.

That does not make any difference. If the Member wishes to speak, he has to put his name down. This is not a ministerial reply; it is a procedural motion. Does the Minister wish to respond?

On behalf of the Office of the First Minister and the Deputy First Minister, I welcome these amendments. They have been given clear, careful consideration, and, taken as a group, they represent an important step forward. They recognise that the Committee of the Centre, as a Standing Committee, does need to have that scrutiny role in respect of legislation. I commend them to the Assembly.

This motion will require cross-community support. I remind the Members of the rubric I described earlier: we will proceed through the other motions in regard to this matter without debate.

"(1A) Where the First Minister and Deputy First Minister acting jointly are in charge of a Bill, the Bill shall stand referred to the Committee of the Centre unless the Assembly shall order otherwise; and the provisions of this Standing Order and Standing Orders 33 and 48 shall apply in relation to the Committee of the Centre acting by virtue of this paragraph as they apply in relation to a Statutory Committee."

"Subject to paragraph (1A),". - [Mr C Murphy]

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Assembly Statutory Committees: Membership

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Children's Commissioner

I have received a request from the Office of the First Minister and the Deputy First Minister to make a statement on a children's commissioner.

The Deputy First Minister and I have an important announcement to make today about the safeguarding and upholding of children's rights. If there is one matter on which there is common ground among all parties in the Assembly it is surely our common desire for a better, more secure future for our children. To achieve that, we must act now to ensure that children can grow and develop in an environment where their rights are upheld, their safety secured and their needs met.

The Deputy First Minister and I, and our Colleagues in the Executive, are in full agreement that this should be a high priority for the Assembly. We also acknowledge that this is a matter of concern for many, and we have received representations from political parties across the spectrum, individual MLAs and children's organisations. We told the Assembly last October that we were determined to ensure that our arrangements for upholding children's rights were based upon best practice. Since then, we have given careful consideration to how best to achieve that objective.

We examined the position in other parts of the United Kingdom, the Republic of Ireland and the rest of Europe. It was clear from that that our current arrangements lag some way behind. In England, for example, a children's rights director will be appointed next year. In Wales, a children's commissioner has been appointed, and in the Republic of Ireland a children's ombudsman will be appointed. The Scandinavian countries, in particular, have led the way. Countries such as Norway established commissioners for children many years ago. The children of Northern Ireland deserve no less.

The Deputy First Minister and I, and our Executive Colleagues, are convinced that we need a commissioner for children to carry out this role. Therefore we are pleased to announce our intention to bring forward proposals as soon as possible to establish an independent commissioner for children for Northern Ireland. There are, of course, complex issues to be worked out with regard to the precise role and remit of the commissioner - the statutory powers and responsibilities that the office will have and its relationship with other statutory authorities. We also need to consider issues such as how the commissioner can best represent children's interests and advocate their needs. The commissioner's role might, for instance, include challenging public authorities and investigating complaints. It might involve advising Government on policy, including the measures required to meet our commitments under key international human rights instruments such as the UN Convention on the Rights of the Child.

It is also important to have a wide ranging debate and discussion before finalising proposals, including an opportunity for children and young people and the organisations that represent them to influence the way forward. Therefore we have decided to initiate a comprehensive consultation process to give interested parties an opportunity to express their views. We aim to begin consultation as soon as possible and bring legislative proposals before the Assembly at the earliest opportunity.

The establishment of a commissioner for children is the most important proposal in the field of children's rights for many years. It has the full backing of the Executive, and I hope that the Assembly will warmly welcome it. The Deputy First Minister will now consider some further possibilities.

I fully endorse the First Minister's comments on the need for a commissioner for children, and I commend the proposal to the Assembly. It is a fundamentally important initiative and one that will enjoy not only broad political support but the overwhelming support of people in Northern Ireland. We have before us an opportunity that should not be missed; an opportunity to shape new arrangements for protecting children and upholding their rights, an opportunity to put Northern Ireland at the cutting edge of world practice.

I, like the First Minister and my Executive Colleagues, believe that the single most important element of those new arrangements should be a commissioner for children. Too often our children, particularly the most vulnerable, are neither seen nor heard, with the result that their needs can be, and sometimes are, overlooked. With a commissioner for children acting as their champion, we hope to change this and ensure that no voice in our society goes unheard.

However, a commissioner alone will not be enough. To be truly effective, the establishment of a commissioner for children needs to be part of an overall strategy to address children's rights and needs.

Within that strategy a commissioner will act as an independent champion for children, outside Government. Other elements of the strategy will be needed to ensure a joined-up approach to children's matters within Government and the Assembly, to give children and young people a stronger voice, and to ensure that legislation and policy continue to be shaped by research and best practice.

We intend therefore to introduce such a strategy, and we will develop proposals covering four key areas: first, examining how the Executive might ensure the development of co-ordinated policies on children's issues; secondly, suggesting how the Assembly might exercise its interests in scrutinising policies on children's matters; thirdly, looking at how best we can consult with children and young people and assess how our policies affect them; fourthly, considering how research and development needs might be met.

We intend to further develop these proposals, initially through the Executive, and thereafter through public consultation as part of the consultation exercise on the role and remit of the commissioner for children. We have consciously come to the Assembly at the start of the process, not the end, in order to give Members the chance to propose and influence the direction that we take and not just to scrutinise actions proposed by the Executive.

Members will recall that a focus on young people was central to the vision of the Programme for Government. We committed ourselves to combat social exclusion and poverty, with a particular emphasis on children. The First Minister and I believe that these proposals demonstrate that commitment and complement the initiatives that we are already getting under way, such as the establishment of the Children's Fund.

The proposals outlined today are bold and imaginative. They have been shaped, to date, by the best practice throughout Europe and careful consideration of representations made to us. They represent an opportunity for this Administration to secure the well-being of our children and mark another step in our human rights agenda. We commend them to the Assembly.

We now have up to one hour for questions to the First and Deputy First Ministers on their statement.

I give a general welcome to the proposal. Some time ago, I went to table a motion in regard to this matter, only to find that on the previous day the Alliance Party had tabled one, which was worded virtually the same as mine. Although I did not get to put my motion down, I welcome the thrust of today's statement.

Bearing in mind that there will be a consultation process and, therefore, that they cannot give definitive answers to some questions, I ask the First and Deputy First Ministers how long they perceive the consultation process will take. When do they envisage that the commissioner will be in post, and what funding have they set aside to enable the commissioner to carry out his or her job?

First, I thank the Member for his welcome of these proposals. I appreciate - as we said in the statement - that other parties in the Assembly have been looking at this issue also and clearly wish to see progress on the matter, as do we. The impetus for this, apart from a natural concern with regard to children and young people, has been the recent developments from the Waterhouse Report and other matters as well.

We are anxious that the consultation should proceed rapidly. Although we want progress to be as speedy as possible, we do not want to rush the process. An interdepartmental working group, which will be chaired by the junior Ministers in the Office of the First Minister and the Deputy First Minister, is being set up. One of the priorities will be to engage in a thorough and extensive consultation process on the precise role and remit of the commissioner, and the other elements that could be included in the strategy.

Legislation will, of course, have to be made to establish the appointment, and we hope to introduce that during the next Assembly session. The appointment will be made as quickly as it can be after the legislation is passed.

I am sure that we will be able to meet the funding of a commissioner, but we will have to examine the funding that the other elements in the strategy require.

I welcome the statement that a commissioner for children is to be appointed, and I congratulate the First Minister and the Deputy First Minister on that. The statement says that too often children, particularly the most vulnerable, are neither seen nor heard, with the result that their needs can be overlooked. I appreciate that there will be wide consultation on that.

May I draw the Assembly's attention to the report 'Inquiry into Residential and Secure Accommodation for Children in Northern Ireland' that was produced by the Health, Social Services and Public Safety Committee. I do not need to draw this to the attention of the First Minister and the Deputy First Minister. That report recommended the appointment of a commissioner for children. Will the First Minister and the Deputy First Minister explain how the Assembly might exercise its interests in scrutinising policies on children's matters?

I appreciate the Member's reference to the report. It is an important and substantial report which will inform us all in progressing this matter. When the Executive bring forward their strategy they will consider how the Assembly might wish to examine children's issues. That is a matter for the Assembly, not the Executive, to decide upon; we are very conscious of that.

However, as part of a wider framework to ensure the vindication of children's rights, it seems appropriate that we make some suggestions. The setting up of a Standing Committee on children and young people is a matter for the Assembly to decide. Members may wish to table a motion proposing the creation of a Standing or Ad Hoc Committee. The Assembly would then decide on the need for such a Committee and its role, but it could facilitate co-ordinated scrutiny by the Assembly of policies affecting children.

In the Republic of Ireland, as part of the wider strategy, a Dáil Committee on children has been established, and its first meeting is due to take place shortly.

Go raibh maith agat. I welcome the statement of the First Minister and the Deputy First Minister. It is a positive first step to ensuring that children's rights are centre stage.

The statement mentioned the Children's Fund. This fund has been around for a number of months. When will Members receive relevant information on it?

Will the commissioner for children have a remit for children in the juvenile justice setting? This falls within the remit of the Northern Ireland Office and is still a reserved matter. That is a concern.

Also, what progress has been made with regard to cross-border child protection? The First Minister has refused to nominate the Minister of Health, Social Services and Public Safety and the Minister of Education who were dealing with the issue. Has progress been halted with the refusal to nominate them?

There is a need for co-operation with the Republic of Ireland in some matters, particularly with regard to the register of offenders. There is provision for information to be exchanged. People can move easily between one country and another so there is a need for information to be exchanged. That is taking place and will continue.

With regard to the juvenile justice system, the Northern Ireland Office will be represented on the interdepartmental Committee and will have the opportunity to look at that issue.

The Children's Fund is one of the five new Executive programme funds, and we are in the process of beginning to develop procedures to address those funds. The funds are limited for this year, but next year the Children's Fund has an indicative allocation of £2 million which will rise to £10 million and £15 million for the two subsequent years. The Executive are trying to define their procedures with regard to how they will consider the programmes and the projects those funds will be used for. They will be developed as we develop our own procedures and consider proposals on them.

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