I defer to the noble and learned Baroness’s prowess in this area—I would not seek to usurp it for one moment. I am merely giving that Act as an example of part of the framework that currently exists in statute to protect children. If parents indeed have responsibilities under that Act, presumably that confers benefit on the children. Additionally—and I was interested that noble Lords did not refer to this—the European Convention on Human Rights as a whole offers protection of children’s rights, and this is implemented by the Human Rights Act 1998. Children are not excluded from these provisions.
I also want to make clear to the House that the overall package of children’s rights protections set out in domestic legislation can be challenged in the usual ways in the event of a breach of a specific provision of domestic legislation. This will continue to be the case following our withdrawal from the EU.
A number of contributors raised the interesting question of sanctions against breaches. I have no specific information on that but I will undertake to investigate and, if I can procure any information, I will certainly write to those who raised that specific aspect.
As has been stated during previous debate on this—and I thank those who have provided helpful contributions—the Government take very seriously the need to ensure that proper checks and balances are in place so that we continue to safeguard and promote children’s rights. The intention behind this amendment is clearly to create additional safeguards. However, I suggest that sufficient measures already exist which will not be affected by our withdrawal from the EU.
It is important to recognise that all state parties undergo rigorous periodic reporting rounds on the UNCRC, to which a number of contributors referred, consisting of intense scrutiny and challenge. The last reporting round concluded in 2016, with the United Nation’s concluding observations published in July of
that year. In response, the Government reiterated their commitment through a Written Ministerial Statement in October 2016. In January 2022, the Government will submit their next UK periodic report for the United Nations Convention on the Rights of the Child to the UN. This report will primarily address the UN recommendations that came from the last reporting round, which, as I say, concluded in 2016. In addition, next year the Government will be submitting a mid-term report to the UN Human Rights Council on the 227 United Nations recommendations, many of which relate to children’s rights. This report is a voluntary commitment of the UK, aimed at keeping all UN recommendations under review in advance of the next universal periodic review’s dialogue, expected in 2021.
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A further crucial element of scrutiny on child rights specifically comes from the appointment of Children’s Commissioners. England, Wales and Scotland all have Children’s Commissioners in post. The Children’s Commissioner for England has a statutory duty to promote and protect the rights of children and may monitor the implementation of the UNCRC as part of the primary function of promoting and protecting the rights of all children. I would like to thank all the current commissioners throughout the United Kingdom for the valuable work they do.
Finally, the Joint Committee on Human Rights scrutinises the UK’s compliance with its human rights obligations, including its child rights obligations, contained in a range of international treaties. A member of that committee also sits as an observer on the UNCRC action group. I trust that this reassures noble Lords of our wholehearted commitment to children’s rights. I have tried to demonstrate how all existing safeguards will remain in place as we leave the EU, and that robust measures are already in place to continue scrutiny and give assurance that we continue to protect children’s rights.
Again, I thank the noble Baroness for the amendment, but ask that it is withdrawn, given the reasons I have set out. I do not want to proffer false hope and I will not be reflecting further on this issue between now and Third Reading, so, if the noble Baroness wishes to test the opinion of the House, she should do so now.