Children and Young Persons Bill [HL]

My Lords, Amendments Nos. 10 and 40 in this group stand in my name. Amendment No. 40 is an amendment to Amendment No. 39 tabled by the noble Lord, Lord Northbourne, which I support. I want to add a reference to the UN Convention on the Rights of the Child for one simple reason. If it were added to the duties of parental responsibility, the Government would have to do much more about public education so that people understand what the Government have signed up to. If more parents and children knew what was in the convention, I am sure that they would value it and use it in their everyday life. I have seen what a difference education about the convention can make to the standard of behaviour in a school in Hampshire and I know that those children involve their parents and the whole community in activities which demonstrates an understanding of the convention. They learnt that with rights come responsibilities and they respect the rights of others. That is why I am keen for a reference to having regard to the convention inserted into Amendment No. 39. Amendment No. 10 also puts a reference to the convention into the remit of the Secretary of State to promote the welfare of children, a welcome addition to the Bill made by the Minister on the last day in Committee. That is why I have asked for my amendment to be grouped with that of the noble Lord, Lord Northbourne. When the UK ratified the convention with cross-party support, the noble Baroness, Lady Bottomley of Nettlestone, then the Health Minister—she is not in her place—said: "““The United Kingdom played a leading role in drafting””—" the UN Convention on the Rights of the Child. "““The convention specifically draws together the rights of the child in one internationally recognised document. It will serve as an international standard against which countries that turn a blind eye to child exploitation, abuse or neglect can be measured””.—[Official Report, Commons, 6/6/90; col. 703.]" In October this year, the UK will be examined for the third time by the UN Committee on the Rights of the Child on its implementation of the convention. One of the committee’s 78 recommendations made in 2002 was that the UK should incorporate the convention into domestic law. My amendment, while not giving children new rights that can be tested in the courts, will introduce a children’s rights proofing process that has hitherto been lacking in policy development. It is a pity that, in Grand Committee, the Minister did not refer to any increased awareness within government of the need to have regard to and fully implement the convention as required by international law. Peers had a lengthy debate about the relationship between the five outcomes of Every Child Matters and the convention during the passage of the Children Act 2004. Initially, the Children’s Commissioner legislation tied the commissioner to the five aspects of well-being, but not to the convention. After strong criticism in your Lordships’ House, the noble Baroness, Lady Ashton of Upholland, agreed to amend the legislation to require the commissioner to have regard to the convention. Now we have our opportunity to have the Secretary of State have regard to the convention too. Indeed, the Children’s Plan, published only a couple of months ago, suggests that the Government now accept that the five outcomes and the convention are complementary. We are six months away from the next examination of the UK by the committee. We can expect strong criticism from this international human rights monitoring body on many aspects of law and policy. The Bill gives us the opportunity to start building the right government infrastructure now. We do not have to wait for the committee’s conclusions. It is a long time since ratification. Were my amendment to be accepted, it would show considerable political commitment to the convention and require Ministers to accept the treaty as fundamental to improving the well-being of children in our country.