Will the Minister acknowledge that the Ulster-Scots Agency has been extremely unhappy with the interventions of civil servants from the Department of Culture, Arts and Leisure in its work, which are seen as unhelpful and intrusive? Will the Minister also acknowledge that such concerns have been expressed directly to him, and will he comment on the basis of those concerns?

Mr Kane, I must remind you and all Members that those questions are not related directly to the statement. For that reason, I will leave it up to the Minister whether he responds.

I am happy to respond to Mr Kane, who has shown an interest in Ulster Scots over the past two and a half years. I do not agree that the Department's actions have been unhelpful and intrusive. The Department is here to support the agency, as it is here to support Foras na Gaeilge. They are essentially about running their own affairs and constituencies. We only step in if they ask for our help. There have been occasions over the past two and a half years when our help has been sought and has been readily given.

There are teething problems, to be expected in a new body. It has made progress, but we all accept that it has still some way to go. It has still to appoint a full-time chief executive - Mr ONeill asked about that earlier. That is a pressing need and has been for some time. It also has to get full-time staff. It has identified Raphoe for its office in the Irish Republic. It has offices on a short-term lease in Belfast, and it has to move forward.

There will always be people who will say that something is unhelpful or intrusive. Mr Kane would not expect me to allow bodies to carry on doing exactly what they want without any overview. Mr Kane would complain if I were to do that with the Irish language, just as Mr McElduff would complain if I were to do that with Ulster Scots. There must be an element of accountability, not least for the resources that taxpayers are devoting to both those organisations.

The Ulster-Scots Agency has made progress, and it has also made mistakes. It will continue to make progress, and I will support, reinforce and sustain progress on Ulster Scots.

The Ulster-Scots Agency and the Ulster-Scots Heritage Council have initiated the development of a strategic plan for Ulster-Scots culture, which will complement the existing plan for the Ulster-Scots language. That will bring together and build on previous work undertaken by both bodies and is due to be completed by the end of September. Will the Minister assure us that adequate resources will be secured to enable that plan to be implemented, and will he acknowledge that the differential between the funding of the Ulster-Scots language and culture and the Gaelic language and culture is discriminatory, is a breach of the equality agenda and cannot be sustained?

I will take the last point first. It is not discriminatory. One body is not funded according to the funding of another body - it is not the case that if Irish does well, Ulster-Scots does well; if Irish does badly, Ulster-Scots does badly. It is done according to need and to ensure that everyone is given the same equality of opportunity and has equity of treatment and parity of esteem, which is equality of respect. Everyone is given the same opportunity to go forward.

By Mr Hilditch's argument, if the Irish body made a bad case for funding, Ulster Scots would suffer, and I do not accept that. Foras na Gaeilge is essentially the old Bord na Gaeilge, which has been operating in the Irish Republic for over 50 years, plus its constituent parts. In effect, there was a ready-made department, and the funding reflects that.

The Ulster-Scots Agency began from a standing start. The funding that I have argued for and obtained for Ulster Scots is now 10 times what it was two and a half years ago before devolution. That is a measure of the benefits of devolution.

Ulster Scots, like Irish, benefits from the Belfast Agreement. The Belfast Agreement, through its references to Irish and the European Charter of Regional and Minority Languages, ensured that Ulster Scots was recognised formally for the first time as a language. The United Kingdom Government signed and ratified the charter last year. Ulster Scots is defined as a language under the European charter, and that is the end of the argument. Two and a half years ago there were arguments about whether it was a language.

There is debate, argument and a bit of jostling in the Ulster-Scots constituency. However, it is important that those people who have carried the torch for so long make room for others who have an interest, not least the native speakers who sometimes feel that their movement, culture, heritage and tradition are being hijacked. I am anxious to avoid that.

As regards policies for bodies such as the Ulster-Scots Heritage Council, they are free-standing organisations, so they can perform as they wish. I am responsible for the Ulster-Scots Agency, which implements departmental policy in consultation with the North/South Ministerial Council. Although it has performed that function, it has been concerned primarily with getting off the ground. I shall remind Members of some of its work.

It aims to produce an Ulster-Scots textbook and to compile an Ulster-Scots dictionary, because neither exists at present. Those are glaring needs, but their absence is understandable, given that to date the language has been preserved through oral tradition. Its tape-recorded survey of native speakers will be important, because when native speakers die, we lose the language. The programme to develop cultural activities, making essential connections with the Ulster-Scots diaspora, is crucial also. Those projects are in the early stages of development.

I have highlighted to the agency the glaring need for capacity building in the Ulster-Scots constituency, because several groups have grown up but are not getting the support that they merit and require. They do not have sufficient skills, so they are unable to chase funding from the Ulster-Scots Agency or other bodies.

Funding is available: the question is how much the agency is spending. There should not be an argument about money. There is an opportunity for the Ulster-Scots Agency, and Ulster-Scots as a movement, a people, a culture and a heritage, to develop rather than argue about money. As long as I am in the job, I shall ensure that there is parity of esteem, equal respect, equality of opportunity and equity of treatment. It is my job to ensure that those requirements are met.

Commissioner for Children and Young People Bill:
 Second Stage

TOP

The Junior Minister (Office of the First Minister and the Deputy First Minister) (Mr Haughey):

I beg to move

It is an understatement to say that I am pleased that the debate on this profoundly important Bill is taking place. It has taken a good deal longer to bring the Bill to the House than we had hoped, but it is important that the Assembly begin to examine it before the summer recess.

This is a significant initiative, so it was important to take the time to get it right. The credibility of this important public office would have been damaged if we had rushed through ill-prepared or inadequate legislation that would require amendments after a short period.

The Bill includes significant powers for the commissioner, so safeguards, checks and balances had to be introduced. It was difficult to obtain unanimous agreement on those provisions among the other Departments and the Northern Ireland Office. The Northern Ireland Office was concerned about the breadth and scope of the powers, especially the power of entry that we propose to give to the commissioner for children. We have managed, however, to ensure that an effective power of entry is included in the Bill and have secured the Northern Ireland Office's agreement to that.

Other Departments, notably the Department of Education and the Department of Health, Social Services and Public Safety, had concerns about the Bill. Those Departments were concerned at the Bill's wide scope of powers, which includes giving the commissioner discretion to investigate events from a child's past. The Office of the First Minister and the Deputy First Minister regarded it as essential that the commissioner should have that power because the abuse or neglect of children causes much emotional trauma, which takes time to resolve. A considerable time often passes before an individual makes his or her complaint to the appropriate authority. One cannot ignore the past, but the commissioner's main focus will be on the present and the future.

The significance of the Bill is twofold. First, it is the most important piece of Northern Ireland legislation that affects children and young people since the Children (Northern Ireland) Order 1995. It is a watershed in society's attitude to children and young people. It marks the point at which we move away from the traditional, yet narrow, focus on children's welfare to a broader and more rounded appreciation of the importance of children's rights and their best interests.

Secondly, the Bill is a clear demonstration of the value and effectiveness of the Good Friday Agreement and the institutions that stem from it. It is not a parity measure copied or imported from Westminster. It is a unique Northern Ireland measure that reflects local priorities that have been determined by the Executive and the Assembly. It has overwhelming support across the political spectrum and across the population of Northern Ireland.

Above all, the Bill is a measure that reflects the value that is placed on children, not merely as adults-in- waiting or adults-in-preparation, but as important members of society in their own right who have a valuable and enriching contribution to make. The Bill will place Northern Ireland ahead of the rest of the United Kingdom, and it would have been a long time before anything like this was introduced under direct rule.

On 29 January 2001, the First Minister and the former Deputy First Minister announced their intention to appoint a commissioner for children and young people for Northern Ireland as part of a wider children's strategy. In that statement, they made clear their commitment to establish an office of commissioner that would place Northern Ireland at the leading edge of international best practice in safeguarding and promoting the rights and interests of children and young people. That was and remains an ambitious target, but the Bill will fully achieve what OFMDFM set out to do. We took some time to develop the Bill to ensure that we got it right and that it met those requirements and targets.

The Bill is the result of a good deal of hard work. It is based on the outcome of comprehensive local and international research, as well as extensive deliberations with Departments, the Northern Ireland Office and a wide range of public bodies. I pay tribute to the small group of hard-working and hard-pressed officials in OFMDFM who carried the burden of this and worked themselves to a standstill to get the Bill to where it is today.

Other key factors helped to shape the Bill. The first of those was a comprehensive and innovative consultation process that brought together key stakeholders, including children and young people, to develop OFMDFM's proposals in consensual partnership between the Administration and those who work with, are concerned with and are concerned for children. As a result of that process, OFMDFM issued more than 12,000 copies of the main consultation document and more than 250,000 summary leaflets in August 2001.

We received requests for the documents from all over the world. Responses to the consultation came from a wide cross-section of opinion. We received some interesting and artistic impressions from three-and four-year olds of what the commissioner should be like. We also received well-thought-out and reasoned arguments from older members of society.

Some children whom the Office of the First Minister and the Deputy First Minister consulted opined that the commissioner should be like Santa Claus. That raised a smile, but it was a serious comment. Those children wanted the commissioner to be a benevolent, kindly figure to whom they could look with confidence in order to get something of benefit for themselves.

Another child opined that the commissioner should be able to dance. That raised some smiles, but it was a serious comment. The child was saying that the commissioner should be in tune with youth culture and should know the things that are important to young people and the things that they enjoy and value. Another child opined that the commissioner should have red hair - I am still trying to work that one out, but, no doubt, we will find that it was also a serious comment.

All that information helped to inform the Office of the First Minister and the Deputy First Minister's thinking on the Bill. The consultation proposals received widespread support, and I thank everyone who responded.

One aspect of the consultation was an outstanding success: in April 2001, the Office of the First Minister and the Deputy First Minister established a non-governmental organisation forum to give advice based on its expertise and experience of the issues affecting children and young people. The forum has proved an invaluable source of information and practical support, and I thank everyone who played a part in it. I also thank forum members for their support. I look forward to continuing the relationship during the pre-consultation exercise, which is already under way on the children's strategy.

The other key input into developing the Bill was the work of the Committee of the Centre. I thank the Committee for its helpful and constructive contribution to our deliberations and, particularly, for its patience and understanding of the reasons for the delay in submitting the proposals. I also thank the Committee for its support for our work and objectives. The Committee invested time and effort on the subject, and it produced a comprehensive report that was instrumental in informing our proposals. Few, if any, of the Committee's recommendations differ substantively from the proposals in the Bill. That is clear evidence of the value of the Committee's role in policy development. I look forward to working in partnership with the Committee on the Bill and on other matters.

Our main aims in the Bill are to provide for the following: first, a society in which children's views are respected and in which their fundamental human rights are promoted, protected and upheld; secondly, a co-ordinated and holistic approach to children's rights across all Departments and public authorities; thirdly, the active participation of children and young people on matters affecting them and their rights; and, fourthly, more effective ways for children and young people to obtain help if their rights have been denied or if they have been neglected or abused.

There are five key features that must be reflected in the role and remit of the commissioner if we are to meet those aims. First, there must be a balance between independence and accountability. There must be independence, so that the commissioner can carry out his or her functions effectively, balanced by accountability for taxpayers' money, which the commissioner will spend, and for the proper discharge of the important duties to be vested by the Administration in his or her office.

Secondly, the commissioner's paramount consideration - and I stress the word "paramount" - must be the rights of children and young people. That will be the unique and defining character of the office of the commissioner, which the Office of the First Minister and the Deputy First Minister proposes to establish.

Thirdly, the commissioner must have a broad remit that covers all children in Northern Ireland and every public authority whose activities affect children. Fourthly, the commissioner must have a comprehensive list of functions, with the flexibility to enable him or her to tackle the key issues of the day for children. Fifthly, there must be strong powers to make those functions effective, balanced by the appropriate safeguards, checks and balances.

Our proposals aim to reach those requirements. The Bill provides for appointment by the First Minister and the Deputy First Minister, with accountability to the Assembly through OFMDFM by way of annual reports and reports to the Comptroller and Auditor General. However, in day-to-day operation, the commissioner will be independent and free to determine his or her priorities with regard to his or her duties.

The Bill makes clear the main aim of the commissioner, which is to safeguard and promote the rights and best interests of children and young people, and sets out several guiding principles. Chief among those is the requirement that the rights of the child must be the commissioner's paramount consideration. However, there are other important principles, including a requirement for the commissioner to have regard to the role of parents when deciding how best to carry out his or her functions.

The Bill proposes a comprehensive remit for the commissioner; it will cover all children and young people up to the age of 18, as well as young people up to the age of 21 who are being looked after by, or are in the care of, a public authority. We have sought to ensure that the commissioner's remit includes the full spectrum of public authorities. That includes authorities that are responsible for devolved and non-devolved matters, including juvenile justice. That was achieved following lengthy discussions with the Northern Ireland Office, principally on the safeguards to be included in the Bill. Those discussions resulted in an agreed position without any significant reduction in the range or application of the functions that we proposed to invest in the Bill.

The Bill allows for a comprehensive, wide-ranging set of functions, more extensive than any exercised by any comparable body that we are aware of. Those include promoting the rights and best interests of children and young people; acting as a watchdog on public authorities; and ombudsman and advocacy functions. That set of functions will give the commissioner the flexibility needed to ensure that the rights and best interests of children are properly considered in situations ranging from individual cases to the development of policy and legislation. As a measure of the importance that we attach to these functions, many are proposed as statutory duties of the commissioner rather than merely optional functions.

The Bill sets out the powers at the commissioner's disposal, and, once again, those are comprehensive. They range from general informal powers, whose use carries few restrictions, to more formal and robust powers that may only be used in a limited range of circumstances - that is with appropriate checks, balances and safeguards.

For example, the Bill allows for three types of investigation. First, there is a general informal investigation, which can cover any subject and has no set procedures. It does not involve formal powers to compel the production of evidence, and it has no specific remedy process. Secondly, there is an intermediate level of investigation, which may be used for certain commissioner functions. It requires set procedures to be followed and is remedied in the form of a notice and a naming-and-shaming procedure, but it does not have associated formal powers to compel the production of evidence. Thirdly, there is a full, formal investigation. That will involve the same procedures and remedy as for intermediate investigations, but in a formal investigation the commissioner will have similar powers to those of the High Court - to compel the production of evidence, legal power of entry and legal sanction against any obstruction.

The powers that have been proposed for the commissioner include more than simple investigative powers. Significant powers have been proposed in areas such as the investigation of complaints, the review of the arrangements for handling complaints, advocacy, inspection and whistle-blowing. That includes the handling of individual cases under such arrangements. Those powers will ensure that the commissioner can gain a comprehensive picture of how authorities deal with matters that affect children's rights and interests.

The Bill also proposes to give the commissioner a key role in legal proceedings through providing assistance to children, bringing cases and intervening in cases, and also acting as an amicus curiae - a "friend of the court" or expert witness. In that respect, the proposals will give the commissioner significantly greater powers than the corresponding arrangements in the Republic of Ireland, Wales, Norway or any other international models that we considered.

Members might think, with some justification, that the provisions that set out the commissioner's powers are somewhat complex. The Bill that establishes the powers and role of the commissioner in Norway has one and a half pages of legislative proposals. The Northern Ireland Bill is much longer than that. Although we acknowledge that the Bill is longer and more complex, we believe that it is important to give the commissioner the full range of tools necessary to do his or her job effectively, ranging from the equivalent of a small screwdriver to a power hammer. That is what we have attempted to do in the Bill.

Having emphasised the powers that would be available to the commissioner, it is also important to emphasise the safeguards, checks and balances that are built into the Bill. There are key provisions to ensure that the commissioner could not usurp the proper role of parents in safeguarding the rights and best interests of children; nor could he or she duplicate the role of existing statutory authorities. Other provisions would ensure that the commissioner could not act in both an ombudsman's role and an advocacy role in the same case. That is necessary in order to maintain natural justice. It reflects the fact that an ombudsman's functions must be exercised in a neutral fashion, whereas advocacy functions are not neutral, but are exercised on behalf of the child or young person. There are also provisions to ensure that the strongest powers - the power of entry and the power to compel the production of evidence - are used only when there are clear grounds for doing so.

Our proposals will establish an office of the commissioner for children and young people for Northern Ireland that will be second to none. It will make Northern Ireland the focus of international attention, which will bring it prestige and a reputation. By setting high standards with respect to how the state should protect and safeguard children, the establishment of the kind of office that is proposed will be a catalyst for progress and change in other jurisdictions. The Assembly owes it to children and young people to provide them with a commissioner who will help make a change for the better in their lives. The Bill is the tool with which to make that happen. I commend the Bill to the Assembly.

I am pleased to give a broad welcome to the Bill. I hope - as I believe the junior Minister implied - that it can, and will, demonstrate the benefits and difference that devolution can make.

Since time is limited, I want to concentrate on two areas of concern that relate to the remit of the commissioner. My first concern is whether the commissioner will, in practice, be sufficiently sensitive to the role, authority and rights of parents. There is strong evidence to show that a stable family background is arguably one of the most important impacts on a child's welfare throughout his or her life. That was shown by the 1994 'Exeter Family Study' and many other pieces of social science research.

There are, of course, hundreds of thousands of families across Northern Ireland, but there will only be one commissioner. Therefore, it is vital that the commissioner does not cut across or undermine the good functioning of families or the relationships within them.

I am pleased that, according to clause 2(3)(a) of the Bill, in determining the functions of the commissioner there will be regard to

However, I would have liked a more explicit balance between the rights of the child, on which the junior Minister spoke, and the rights and responsibilities of parents.

It is true that a tiny minority of parents abuse their children in some form or other, but we must also recognise that the vast majority of parents are good parents and want to be helped to be better. Therefore, I suggest a parents' forum to match the provision for a children and young people's forum.

I wonder why clause 2(1) talks of "the rights and best interests", yet clause 4(1) mentions "the rights or best interests". That may or may not be a significant difference. We want to be enlightened about that.

We must also consider the accountability mechanisms. Once the commissioner is in post, how will that person relate back to this House, and how can adequate democratic oversight of his or her functioning be ensured?

My second concern on the remit of the commissioner centres on the definition of "child". The preamble of the United Nations Convention on the Rights of the Child speaks of

There is some recognition of that point in domestic law. For example, under section 25 of the Criminal Justice (Northern Ireland) Act 1945, it is an offence to intentionally destroy the life of a child capable of being born alive before it has an existence independent of the mother.

There is an abundance of evidence from health and scientific research that the mother's diet during pregnancy has a crucial impact on the well-being of the child, both at birth and thereafter. Given that, I want the commissioner's remit stretched to include provision of information to expectant parents, promotion of research on what encourages good fetal development, and general promotion of the health of expectant parents. Therefore, I urge that the commissioner's remit include all children living in Northern Ireland, from before birth until the age of 18, or 21 where a young person has been looked after by the public authorities.

Subject to those qualifications, I support the Bill.

I welcome the Bill. We have been raising awareness of children's issues in various debates in the past two days, and it would be remiss of me not to mention yesterday's announcement by the Minister of Finance and Personnel on the children's fund, and the positive effect that that will have on children and their families.

I am especially pleased to see that a rights-based approach has been adopted, and that the Bill draws so much from the UN Convention on the Rights of the Child. That is a demonstration of the high priority given to the care and protection of young people in Northern Ireland. Judging by the favourable public reaction, there can be little doubt that the Bill has been widely welcomed across the length and breadth of Northern Ireland as a positive step.

The commissioner in Northern Ireland can be seen only as an investment in the future of our children and young people. Children's rights have for too long been overlooked in our society, and the commissioner will have a vital role to play in promoting and highlighting their rights and their best interests. I am particularly pleased that instead of "welfare" the term "best interests" was used. That term is right, since the commissioner must always seek to promote the best interests of the child.

Furthermore, it is vital that the commissioner helps children to cut through red tape and to find their way through the bureaucracy of public authorities. For that reason, I am pleased that the commissioner has the power to assist children and to provide advice in making complaints. Beyond that, an effective commissioner must have strong powers of investigation, together with the ability to uphold children's rights. I am delighted that the commissioner will be given such powers. The First Minister and the Deputy First Minister have made a commitment that the commissioner will be at the cutting edge of best practice.

This Bill confers unparalleled powers upon the commissioner to bring proceedings on behalf of children, which is essential in protecting their interests. The commissioner is also empowered to conduct investigations - not just toothless ones, but real investigations with the power to call persons and papers, to enter premises and to seize documents. All those powers are necessary to ensure that children receive the protection that they deserve, and all of them are found in the Bill.

Moreover, I am pleased that the commissioner can name and shame public authorities that do not vindicate children and that do not place their rights and best interests to the fore. The commissioner's powers, therefore, are greater than those of the Children's Ombudsman in the South, of the Norwegian Commissioner and of any commissioner of whom I am aware. That clearly shows the emphasis that we in the North place on children's rights.

Many of us were concerned at the delay in introducing the Bill to the Assembly. The First Minister and the Deputy First Minister have explained that the delay was caused, in large part, by negotiations with the Northern Ireland Office and with other Departments. What were the issues and how were they resolved? What consequences will the delay have for the Administration's other work on the children's commissioner?

The commissioner must work with children's commissioners in other jurisdictions on child abuse and on protecting children from sex offenders. The children's strategy was mentioned by the junior Minister and we look forward to its completion soon. It must be in parallel with the commissioner for children to provide a holistic approach and to reflect the willingness of the Executive to award priority to children's issues.

The enhanced role of the new children's commissioner, as set out in the Bill, will be pivotal in renewing confidence for future generations of our young people. It will integrate child-friendly policies and cross-departmental co-ordination into the structure of Government on issues that affect children. The all-party working group on children, of which I am a former Chairperson, carried out its own consultation in which 60 children from all backgrounds were brought together. The junior Minister mentioned size, height, colour of hair and how much a commissioner should be paid. Alongside those, many children wished that one young person be on the interview panel for the commissioner for children. Perhaps that could be taken on board.

I owe a debt of gratitude to all the children who were involved in the consultation and to all the organisations in the all-party group, including the Members, for their contribution to the consultation on the commissioner for children.

The Committee for Finance and Personnel is meeting, and I apologise that I shall be unable to stay for the remainder of the debate.

I support the Bill.

I too welcome the opportunity to debate the Bill.

Our young people are our greatest resource, and, as a mother of three and a grandmother of two, I am committed to do all that I can to protect them. I welcome the idea of a commissioner as a champion for children; it is long overdue. However, I also recognise that many of us, in households across the Province, are champions for children.

I do, however, have some concerns about the Bill. I fear that the definition of a child offered in clause 24(1)(a) is too narrow and ignores many children whose rights we must uphold. I am referring to unborn children - they too have rights:

That is not only my opinion; it is a quote from the preamble to the UN Convention on the Rights of the Child. The commissioner's remit should include all children in Northern Ireland from before birth to the age of 18.

It is accepted universally that unborn children deserve protection at the mother's workplace. If employees can be exposed to, for example, radiation, there is a legal duty on employers to provide information and training about health risks. Claims are taken against medical staff or third parties if a child injured in the womb is born with a disability. Cigarette packets carry warnings that smoking can damage the health of an unborn child. A mother's diet during pregnancy can also affect a child's health. Folic acid or iron deficiencies result in neural tube and brain defects. Lack of vitamins causes visual and skeletal abnormalities. A baby born at 40 weeks and weighing more than 2·5 kg is more likely to grow steadily and suffer less illness than others. Meanwhile, evidence suggests that heart disease, high blood pressure, obesity and diabetes might all be related to birth weight and to growth in the womb. Smoking is associated with smaller babies, miscarriages, infant death and illness and long-term learning difficulties. Toxic substances and chemicals affect unborn children. Examples include fumes from paint, insecticides and cleaning solvents. Caffeine and alcohol can also be dangerous. Foetal alcohol syndrome results in decreased growth and brain and facial abnormalities.

Those examples highlight areas in which a commissioner for children could prove effective in defending the rights of children, even before they are born.

In 2000, 93 children were stillborn in Northern Ireland, and 109 died in the first year of life. The cause given for almost half of the stillbirths was ill-defined conditions originating in the perinatal period. The commissioner should be able to take the lead in further investigation and research to prevent such deaths. He or she could advise parents when, for instance, a disability is detected during pregnancy. In that situation, information and support is invaluable from the moment of diagnosis. Members will recall the recent birth of conjoined twins across the water. Should a commissioner for children not be given input to assist in such trying circumstances?

It is to be hoped that those examples illustrate how important it is that a commissioner for children's responsibilities extend to unborn children. It is important that we have a commissioner, and I do not want the Bill to fall. However, I believe strongly that the definition of a child must be broadened. I do not wish to amend the Bill now, but I encourage those involved to reconsider that issue before it is debated in the House again. I hope that changes can be made to reflect my concerns and those of many constituents. I shall monitor the Bill closely.

I welcome the Bill's introduction; it is a complex piece of legislation. Minister Haughey acknowledged and explained the delay, and he was perhaps too kind to those quarters that resisted the Bill's coming to the House both now and previously. I seek assurances that there will be no further delay in the establishment of the office, which will pay a pivotal role in protecting our children's rights and best interests.

My party has consistently supported the establishment of the office of a commissioner for children that has all the necessary powers and resources to deliver fully all children's rights, and to make a real difference to those children whose rights are denied. We welcomed the announcement by the First Minister and the Deputy First Minister on 29 January 2001 that they had the Executive's full support to appoint an independent commissioner. That would place the North of Ireland at the cutting edge of world practice on all our children's rights, and Minister Haughey repeated that standard today.

We are concerned to note that the Bill fails to fully realise the opportunity to meet the world-standard test in protecting children's rights and best interests. The Bill fails to afford equal protection to all our children; they deserve to be cherished equally, and all demand protection.

However, perhaps we have a special duty to protect the rights and best interests of those children who are in the state's care. They are often the most vulnerable children. The children's commissioner no doubt has the potential to be a strong champion for all our children. Unfortunately, it appears that children in the care of the state will not equally enjoy the commissioner's protection under the Bill. Children in the justice system are specifically afforded less protection, because the onus is on individual children to identify themselves so that they can be protected fully by the office. If children are being violated or bullied, if their rights are being abused while in the state's care, it is then unimaginable that they will expose themselves further by identifying themselves to the commissioner through an individual complaint. Therefore, the question remains whether there is redress for the young person in the justice system.

I fear that the abuse of children's rights will be allowed to continue and will perhaps be extended to other children in institutions, such as those in the justice system. That is all the more poignant given that children whom society has already failed, such as those with disabilities and with special educational needs, are often over-represented in state care and the justice system.

In January 2001, the First Minister also emphasised the intention to establish an independent children's commissioner. I note that the legislation provides for the commissioner to be appointed by the First Minister and the Deputy First Minister. It is crucial that the appointment must be seen to follow an independent, transparent and accountable recruitment process that meaningfully involves children and young people to guarantee the independence of the commissioner's office.

Moreover, if we are to live up to international standards of best practice, we must ensure that rights and best interests are paramount considerations. That phrase must apply consistently in the Bill to all children. Members may return to the many resourcing issues later, but, as a member of the Committee of the Centre, I look forward to working with the Office of the First Minister and the Deputy First Minister to take the Bill to its conclusion. Ultimately, as Minister Haughey said, the commissioner will need the full range of tools to do the job, and it is crucial that the commissioner be truly accessible to all children, not sitting in splendid isolation.

I speak on behalf of Mrs Eileen Bell, who unfortunately cannot be present. I know that she and others have done much work behind the scenes on this vital issue. Like all Members, we became frustrated at the delay in bringing the legislation to the House.

I spoke to junior Minister Haughey at lunchtime, and he advised that protracted discussions with the Northern Ireland Office have contributed to the delay. The issue is of major importance to my party and me. When the structures for the Assembly were being created, we put forward, along with others, the idea of a junior Minister with responsibility for children. I am satisfied that the Bill goes a long way to deal with those issues. Junior Minister Haughey stated that the proposals are a unique Northern Ireland measure, and I welcome that. Once again it shows the importance of devolution to people in Northern Ireland.

At this time, 18 countries have children's commissioners - many countries introduced them in order to implement the UN Convention on the Rights of the Child. It is difficult to make comparisons as they operate within different legal structures and have varying roles, so I appreciate the uniqueness of the proposals before us today. The UN Convention on the Rights of the Child, ratified in 1991, and the Children (Northern Ireland) Order 1995 must be the basis on which children's rights are implemented and safeguarded.

Children are citizens in their own right, and the support of the children's commissioner grows out of a framework for children's rights, rather than being an adult duty. Children are uniquely in need of special measures to safeguard their rights due to their lack of power and the fact that they do not have a vote.

What also pleased me is that the junior Minister referred to the commissioner as "he or she". The role of the commissioner is much more than a maternal one, and the commissioner's support and powers to deal with day-to-day issues are vital.

I ask the Executive to consider seriously the establishment of a children and young people's forum to relate to the work of the commissioner's office. That forum could play an important partnership role.

Monitoring, which is referred to in the proposed legislation, is important. However, the issue must be developed to show that the legislation will be effective and also to reflect the changing needs of society. The legislation deals with an equality issue, and each Department must attach as much, if not more, importance to that as to section 75 of the Northern Ireland Act 1998.

I am delighted to get the opportunity to speak on what is, without doubt, an extremely important piece of legislation. It has been a long time coming, but, along with much of the legislation that is being rushed through on this, the penultimate day of the session, it is welcomed.

I do not need to remind Members that it was the Women's Coalition that introduced the first, and so far, only, private Member's Bill, recommending that Northern Ireland set up a children's commissioner. I am glad to see that our initiative has helped to spur the Office of the First Minister and the Deputy First Minister into speedy action - that was the intention - although not as speedy as we would have liked.

This is a historic and symbolic event. We are sending a message out to kids, from our newly devolved Government, that we care. Parents too can look to the Assembly and know that a children's commissioner will protect the rights of children.

It is a cliché to say that children are our future, but it is not a cliché to say that they are our present, which is something that we forget all too often. We have all watched the television campaigns, organised by the National Society for the Prevention of Cruelty to Children (NSPCC), Barnardo's, Fair Play for Children and Save the Children, that ask for help to prevent the abuse of society's most vulnerable individuals. I take this opportunity to praise those organisations' tremendous work.

We have attempted to raise our children in a society that has been torn apart by conflict. We have tried to raise them in such a way that their innocence, their enjoyment of life and their ability even to play are not taken away from them. It is the right of the child, as proclaimed in the United Nations Convention on the Rights of the Child, to live free from fear and to be able to have fun.

According to studies by Save the Children, poverty has never affected so many children. That is something that we must tackle. Moreover, we heard this week about reports on sectarianism from the University of Ulster that show that children as young as three-years old are affected by the hatred in our society. A champion for children has never been more essential.

The welfare of all children must be protected and promoted. That is why we need a children's commissioner, and I welcome the Bill for that reason. I wish that I could say that the legislation is as extensive and potentially effective as that which inspired it. Unfortunately, I cannot. Phrases spring to mind such as "in name only" or "toothless tiger". Perhaps those words are too strong, but the legislation lacks some of the essential powers that we would like to see introduced.

I was interested to hear the junior Minister talk about the steps in the procedure, from informal investigations to naming and shaming and on to full, formal investigations. Although we are aware of the need to respect the role of the parents, I am slightly concerned that the children's commissioner's wings could be clipped. There may be so many checks and balances on the full, formal investigative powers that people will not come forward. It is good that the commissioner may have similar powers to those of the High Court, such as the ability to compel evidence to be presented. However, on what occasions can such powers be used? I am worried that the checks and balances do not ensure that the interests of the child are the priority that they should be.

While I was reading the Bill, I thought that there might be a page missing, because, without enforcement powers, the children's commissioner will not have as much credibility or clout as he or she should have. That may be because, during the consultation process, which was very valuable and to be welcomed, enforcement powers were not really offered as an option. That is a shame, because an important opportunity to provide the children of Northern Ireland with a real champion who has real powers and real teeth is being lost. Instead, they are being offered someone who may not even have the proper authority to defend their rights.

The interests of children must be promoted, and we want to ensure that that is done. They cannot be replaced by good intentions that are diluted to produce legislation that sounds good but translates into little more than a title. We want to ensure that that is not the case. The Bill is inconsistent on what children are entitled to. The "rights and best interests" of children are mentioned in some parts of the Bill, but not in others.

In some instances, children's welfare rather than their rights are referred to. Will the junior Minister clarify the difference between welfare and rights? I am concerned about the differential treatment of children in the criminal justice system whereby some do not enjoy the same rights as others. What are the junior Minister's views on that?

The Bill provides for the commissioner for children and young people for Northern Ireland to be appointed by the First Minister and the Deputy First Minister. The Northern Ireland Women's Coalition hopes that that appointment will take place after a proper, independent and transparent consultation. We believe firmly that the views of children and young people should be taken into account in the process. During the event at Stormont at which children's advice was sought, the proposal emerged that a young person should be on the interview panel.

Yesterday's interview on 'Stormont Live' with Peter Clarke, the Welsh Children's Commissioner, was interesting, because it showed that the position was created as a result of the Waterhouse Report on child abuse but was extended to incorporate other factors. Those include the opinions of children and young people on schools, taking tests, bullying and how adults treat them socially, all of which we should take into account. It reminded me that children do not feel respected by adults; they feel that their voices are not being heard. I remind the Office of the First Minister and the Deputy First Minister that children must feel some ownership of the office of their commissioner. It is their commissioner, and they must feel that he or she will represent their views fairly and accurately. Children must have power to make people take account of their opinions and feelings.

A few concerns about the Bill were raised with the Women's Coalition. One related to the need for joined-up government to ensure that, although the children's commissioner and the children's strategy are to be the dealt with by the Office of the First Minister and the Deputy First Minister, the responsibility of other Departments will not be diluted or reduced. Each Department must retain huge responsibility for its aspect of work - it should not be handed over to others.

Concerns were raised about the costs to non-governmental organisations (NGOs) of implementing the legislation. What sanctions will be placed on accredited childcare organisations if they fail to report or carry out suitability checking as required by the Bill? It is important to clarify the role of NGOs. We must remember that the Bill will help to protect children only in the context of improved practices and good multi-agency co-operation.

The Northern Ireland Women's Coalition will not withdraw its private Member's Bill until it is convinced that the Executive's proposals have been strengthened to take into account some of those factors.

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