Clause 1 - Application of Part V of theCare Standards Act 2000
Children's Commissioner for Wales Bill
11:15 am
Mr Elfyn Llwyd (Meirionnydd Nant Conwy, Plaid Cymru)
I support the thrust of the Opposition's argument. As currently drawn, the Commissioner's role is far too limited to cover all the services and, thereby, the well-being of the children of Wales. For example, why is it considered appropriate that the commissioner system in Northern Ireland can consider non-devolved matters? For example, its first piece of research was into the judicial system as it impacts upon juveniles. Why is it right for that body to do that while the Commissioner in Wales is specifically barred from considering that particular aspect? As has been said, there is no youth prison in Wales and, therefore, detainees will inevitably be kept in England or elsewhere. That is an important matter. Unfortunately abuse does occur in institutions such as that.
Joint custody is another point which should be addressed specifically. There are numerous points here. I do not wish to see holes drilled in the Bill, nor, I think, do the Opposition. There are flaws in the Bill and it is in all our interests to consider them as soon as possible. Some of those were flagged up on Second Reading. The hon. Member for Bridgend thought that my points were too detailed for a Second Reading debate, but I simply sought to enable the Minister and his advisers to give a reasoned and considered response in Committee.
The Minister will know that section 33 of the Government of Wales Act 1998 is an umbrella clause, empowering the Assembly. It states that the Assembly
may consider, and make appropriate representations about, any matter affecting Wales.
That was considered appropriate in the Government of Wales Act, and it would cover the general points that we are considering now as they relate specifically to children and young people. If a similar wording were adopted by the Committee and the Government, the point would be well made. To express the point another way, on Second Reading the Minister said that the Commissioner would be able to comment informally on matters not falling within the devolved powers. But the Minister probably appreciates that a comment made informally on virtually anything of substance will hardly be worth the paper that it is written on.
First, unlike a Minister, the Commissioner would not be able to obtain the evidence from the body concerned in a proper manner. He would not be able to inquire deeply enough into these matters to give a proper response. I say again that he will be gagged.