My Lords, in this varied and lengthy group, I want to focus on Amendment 266A, although I support others to which my name is attached. The amendment states:
“Any person whose functions are of a public nature must in the exercise of his or her functions … respect, protect and fulfil children’s rights; and … seek … the views of children in matters affecting them”.
Here, it harks back to the Children’s Commissioner not having sole responsibility for children’s rights. Others have expressed powerful convictions that all children have rights, even though the rights of vulnerable children—for example, asylum seekers, trafficked children or those in custody—are sometimes neglected. What really concerns me here is that we seem to fail to grasp the issue of listening to children and seeking their contribution to improving systems which should work for them. I cannot understand why. Involving children in these matters which affect them has at least two functions: it not only helps children feel engaged and more likely to respond positively but helps make systems and structures better. It makes for better decisions about children. As I have said before, we have become better at listening to children and young people, but it is inconsistent. The noble Lord, Lord Ramsbotham, will know the answer to this much better than I do, but I wonder how much young people in custody are consulted. From all I hear, not very much.
Concern for child rights and consultation with children work in practice. I mentioned earlier the Every Child Matters report. Schools were at the centre of that and I want to give an example of how schools can improve school life and achievement by listening to, respecting and valuing the contribution of children. UNICEF’s Rights Respecting Schools programme is a resounding success according to an independent evaluation. It encourages child-driven polices on behaviour and school activities. At its heart are school councils and classroom discussions on rights and responsibilities.
It seems to me that any organisational system functions better if those within the system are consulted and involved. Children are totally capable of having a view about what is best for them, and many organisations—not only schools but children’s services, health services and youth clubs—do consult children and are the better for it. The state has an opportunity to task other bodies with the job of promoting and protecting children’s rights. A duty on public authorities to give due regard to children’s rights in their decision-making would ensure that all areas of government are aware of their obligations towards children.
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Other UK countries are taking legislative steps to mainstream children’s rights. The Children and Young People (Scotland) Bill currently before the Scottish Parliament would introduce a duty on the public sector to report on what it does to embed children’s
rights. Ministers in Scotland will have to keep them under consideration and take steps to further the rights of children. In Wales, Ministers must have due regard to the UNCRC when developing a new provision for enactment or a new policy or when reviewing an existing policy.
The coalition Government made a commitment in 2010, as we have said before, to give due consideration to the UNCRC when making new policy and legislation. A freedom of information request sent to 17 government departments found that only the Department for Education had conducted any detailed analysis of its policies in relation to the UNCRC. Three departments stated that they did not hold the information requested, suggesting that they do nothing to assess the compatibility of their policies with the UNCRC. Other departments gave inadequate responses, indicating that systematic analysis had not taken place. In June this year, the All-Party Parliamentary Group for Children, which I chair, and which has many members present this evening, called on the Government to introduce a legal obligation for public bodies to have due regard for children’s rights under the UNCRC in making decisions affecting children. The group recommended that an amendment be introduced to the Bill to give legislative weight to the Government’s commitment to give due regard to the UNCRC. I still support that recommendation.