Clause 1 - Application of Part V of theCare Standards Act 2000
Children's Commissioner for Wales Bill
12:15 pm
Mr David Hanson (Parliamentary Under-Secretary, Welsh Office; Delyn, Labour)
I will reflect on those points. I hope that both hon. Gentlemen accept that I will try to be as helpful as I can in Committee, but if there are issues that need to be examined in more detail I will get back to them. I think that I have given an answer that will satisfy them, but I would like to reflect on it with colleagues. If need be I will write to both of them to clarify our intentions.
The internet adoption case was mentioned. That will permeate some of the issues relating to the commissioner's role and responsibilities. First, I should declare an interest: Mr. and Mrs. Kilshaw are my constituents. Obviously, I shall also examine the implications of the case from their perspective. My second interest, which is more relevant, is that my wife, Councillor Margaret Hanson, is the current chair of Flintshire county council social services committee, which is currently involved in the internet adoption case. I thought that I should place that on the record. Any comments that I make as an individual Member of Parliament, as opposed to a Minister, should be considered in the light of those interests.
It is important that we consider two specific issues. First, what would the commissioner's role have been in the internet adoption case? The commissioner would not have had any executive function in the case. That is not his role. The issue of the twins' future may go to court, and it will be for the court to decide. If a court case were pending, it would not be appropriate for the commissioner to comment while the case was in the courts.
Once the legal position has been resolved, and a decision has been taken, the commissioner may wish to consider the merits of an investigation into the action of, for example, Flintshire county council social services department, or any other agency regulated by the Bill, if there were lessons to be learned. The commissioner will not be able to inquire or report into any matter that is the subject of legal proceedings before it has been determined by a court or tribunal. That does not mean that he cannot comment informally on the outcome of court cases in due course. He will not be prevented from investigating issues relating to a court case, once it has been completed. I hope that that puts into context some of the concerns that have been raised by hon. Members this morning.
In conclusion, I hope to receive a positive response from the hon. Member for North Dorset. I hope that I have clarified the Government's position on three issues that were raised by all hon. Members: the role of the Children's Commissioner and the potential development in England; the jurisdiction over non-devolved bodies; the extent and nature of cross-border activities provided under the Bill and the commissioner's interface with them. I hope that hon. Members will reflect on what I have said, and will see that there is sufficient common ground to enable them to withdraw the amendment.