Clause 3 - Review of exercise of functions of Assembly and other persons
Children's Commissioner for Wales Bill
9:45 am
Ms Julie Morgan (Cardiff North, Labour)
Amendment No. 46 should settle some of the concerns voiced in the Committee and by the children's charities that have lobbied so hard for the Bill. The key aspect of the commissioner's role is his independence and his ability to respond to issues brought to him by young people. We do not want a commissioner who is fettered in any way. His ability to comment is important. Hon. Members may have underplayed that power in earlier sittings, but I feel strongly that someone in that position may have a great effect by commenting on issues in public. That ability to comment should not be underestimated, but it is not enough.
Amendment No. 46 would give the commissioner the power to make representations to the Assembly about any matter of importance to children in Wales. It would also provide a means of giving structure to those representations, dealing with any concerns about the commissioner approaching Whitehall Departments, for example, which could prove unwieldy. Giving him the ability to channel his views through the Assembly might provide an answer to those problems, and fits in with the devolution settlement.
I am enthusiastic about amendment No. 46, because the children's charities that have worked so hard for the Bill feel that there will be real problems if a line of communication does not exist for the representations made by the commissioner. People may be worried that the amendment might create another layer of bureaucracy, but I believe that it gives a structure to the commissioner's representations.
The hon. Member for Ribble Valley (Mr. Evans) referred to the Child Support Agency, which I thought was an excellent example. The way in which he described the agency's operations, how they would affect the child and be of concern to the commissioner, provided a good illustration of the issues that we are discussing. We want the commissioner to consider wide-ranging issues, including poverty, that affect children. The way in which the agency operates impinges on children's poverty, as does the benefits system. If the amendment were adopted, would it be possible for the commissioner to propose changes to the benefits system to the Assembly, which would have means to make representations?A structure such as proposed in our amendment would get to grips with some of the concerns that exist about the post of commissioner.
On Second Reading my hon. Friend the Minister said that the commissioner could comment on non-devolved matters to the Assembly, which could make representations to the Government. Given what the Minister has said, we seem already to be part of the way to agreeing to amendment No. 46. However, we want to take a further step and refer to making ``appropriate representations'' rather than to making comments. How would the Minister envisage the Assembly dealing with those appropriate representations?
My hon. Friend the Minister has on three or four occasions referred to the post as the creation of the children's champion. That gives me great pleasure because it is how we have always seen the post. If we could agree to amendment No. 46, we might satisfy a lot of those who have raised concerns. Therefore, I am interested in hearing my hon. Friend the Minister's response to that amendment, which would fit in well with section 33 of the Government of Wales Act and might provide a way forward.