My Lords, I will be reasonably brief on the three amendments to which I have added my name, although all the amendments in the group are admirable. I also very much thank the Minister for his helpful letter and proposed amendment. There has been little time to take it in and I look forward even more to what he will say at the end of the debate.
As my noble friend Lady Massey said—and the noble Baroness, Lady Lister, expanded forcefully on—the UN Committee on the Rights of the Child has made it clear that national human rights institutions for children, including children’s commissioners, should be established in compliance with the Paris principles, which were adopted more than 20 years ago by the UN General Assembly. These minimum standards provide guidance for the establishment, competence, responsibilities and composition—including pluralism, independence, methods of operation and quasi-judicial activities—of such national bodies. These recommendations underpin the amendments that I am supporting. The Committee on the Rights of the Child has said:
“It is essential that institutions remain entirely free to set their own agenda and determine their own activities”.
It has also stated:
“The appointment process for ombudspersons for children should be open, transparent and appropriate”.
With regards to the commissioner’s funding, the Bill currently affords the Secretary of State absolute discretion in deciding the amount, timing and conditions. Currently, too, this has the potential significantly to undermine the commissioner’s independence. The Committee on the Rights of the Child is clear:
“In order to ensure their independence and effective functioning, NHRIs must have adequate infrastructure, funding … staff, premises, and freedom from forms of financial control that might affect their independence”.
Also, as Amendment 257 states, the appointment of a commissioner has to be seriously considered from all sorts of perspectives. I have met the commissioner whom we appointed and, if I may say so, it is an extremely good appointment.
However, what is said in Amendment 257 is equally important:
“The Secretary of State shall appoint an individual only if the Secretary of State reasonably considers the individual”—
and this is the bit that I want to stress—
“has adequate experience and knowledge relating to children’s rights, including the involvement of children in decision-making; and … is able and willing to act independently of Government”.
The active involvement of children in decision-making is the area that I want to stress, because that is essential in today’s world and I hope that the Minister will be able to reassure me on that point, quite apart from any others.