Children and Social Work Bill [HL]

Lord Woolf Excerpts

Report: 2nd sitting (Hansard): House of Lords
Tuesday 8th November 2016 Lords Chamber

[Lord Woolf (CB)]

My Lords, I want to address Amendment 71, which has my name to it. Noble Lords may be surprised at my intervention in this debate on the Bill at such a late stage when I have perhaps been conspicuous in my absence from earlier stages. I should explain that it is because I am a member of the Joint Committee on Human Rights whose recommendation is that the Bill should contain such an amendment as Amendment 71 that I am making this submission.

The chairman of the Joint Committee, as your Lordships will know, is a Member of the other place and, of course, she cannot therefore speak in favour of the amendment. Noble Lords will have heard what was said by the noble Baroness, Lady Walmsley, and the noble Lord, Lord Lester, in the last few minutes. Quite frankly they have said everything that can be said in support of the amendment.

I also share the regret expressed by the noble Baroness, Lady Walmsley, about not getting the response we expected as a result of the meeting that took place yesterday when we were promised such a response. As noble Lords will appreciate, there are only limited circumstances in which we will be able to come back to this at a later stage. Like the noble Baroness, I regard this as not a mere technicality but a matter of great substance which would substantially improve the Bill if it were included. I suggest that it would be a very positive action if the Government were seen to embrace it. I had the advantage of hearing the debate which took place regarding the amendment in respect of Clause 29. The message which is received by those who peruse what happens is obviously extremely important. When we know that both Scotland and Wales have a provision of this sort, and that those parts of the United Kingdom have found it a benefit, it is very hard to understand why the Government should not welcome this amendment.

Noble Lords have heard about experiences with regard to some legislation. I know of experiences, for example, where a duty to improve the position of women offenders in prison has been taken with marked effect upon the approach which is now adopted. It is recognised that as a group of offenders, women need special consideration. The children we are concerned with in this debate need special consideration. When there is a UN convention which the Government have adhered to and see as a matter of international law which they should take into account, I would like to know why a different view is taken with regard to our domestic law.

To oppose the amendment gives quite the wrong message—not the message which the Government would like to give. When we had our meetings, we were looking for ways in which we could square the circle. My understanding was that the Government were looking at this matter and they were conscious that there could be virtues in the Scottish model. If they were to adopt the Scottish model, then I, for one, would regard that very sympathetically. But as matters stand, I seem to have no alternative but to say that it may be necessary to test the opinion of the House. I hope I can get the reassurance I need to make that unnecessary.

Children and Social Work Bill [HL]

Lord Woolf Excerpts

3rd reading (Hansard): House of Lords
Wednesday 23rd November 2016 Lords Chamber

Moved by

[Lord Woolf]

10: After Clause 29, insert the following new Clause—
“Duty to have due regard to United Nations Convention on the Rights of the Child
(1) A public authority must, in the exercise of its functions relating to safeguarding and the welfare of children, have due regard to the United Nations Convention on the Rights of the Child.(2) For the purposes of this section—“public authority” has the same meaning as in section 6 of the Human Rights Act 1998, and“United Nations Convention on the Rights of the Child” has the same meaning as in section 2A(2) of the Children Act 2004.”

[Lord Woolf (CB)]

My Lords, in addressing the House on Amendment 10, I disclose my interests as president of the Weidenfeld Fund, which focuses on bringing children of Christian faith to this country using resources provided by Jewish members of the community here. I also refer to my membership of the Joint Committee on Human Rights, which recommended the amendment we are considering.

On Report, the focus was on a similar amendment tabled by the noble Baroness, Lady Walmsley, who also supports this amendment. She was supported by my noble friend Lord Ramsbotham, the noble Baroness, Lady Wheeler, and the noble Lord, Lord Judd. That amendment was not moved and is not being pursued today. Amendment 10 makes it clear that all it requires is that when public bodies perform their functions, the authorities have to take into account the provisions of the United Nations Convention on the Rights of the Child.

In opposing both amendments on Report, the noble Lord, Lord Nash, displayed his customary eloquence in his enthusiasm for the United Nations convention. He said:

“Since the summer, the Government have reaffirmed their commitment to the UNCRC through a Written Ministerial Statement from the Minister for Vulnerable Children and Families. This reinforced our view that to achieve implementation of the UNCRC, every department across Westminster must be proactive in considering children’s rights in policy-making”.

I agree, and the objective of the amendment is to ensure that that happens. The Minister referred to a letter from the Permanent Secretary to his counterparts across government, challenging them and all their officials,

“to keep the principles and conventions of the UNCRC at the centre of their policy-making and implementation, and to engage children and young people in the process”.

He also referred to talking to the Children’s Commissioner,

“about how she might hold government to account in this respect”.

He expressed gratitude to noble Lords for tabling the amendments to which I have referred, and indicated:

“There are a number of additional steps we could consider, and we are keen to explore the benefits of the different potential approaches before deciding what further action might be taken”.—[Official Report, 8/11/16; col. 1089.]

Having regard to those remarks, I suggest that it is surprising that the Government are not welcoming this amendment enthusiastically and with open arms. It would place a minimum responsibility on the Government and require them to do no more than have,

“regard to the United Nations convention”.

--- Later in debate ---

[Lord Nash]

My Lords, I am grateful to the noble and learned Lord, Lord Woolf, the noble Baronesses, Lady Walmsley and Lady Hamwee, and the noble Lord, Lord Ramsbotham, for this amendment and for raising this important matter of the United Nations Convention on the Rights of the Child. I am also grateful for the contributions to today’s debate from the noble Baronesses, Lady Lister and Lady Wheeler, the noble and learned Baroness, Lady Butler-Sloss, the noble Earls, Lord Sandwich and Lord Listowel, and the noble Lords, Lord Warner and Lord Judd. We had a helpful discussion of the issue on Report, and today’s discussion has been helpful as well. There is a lot of common ground between us though perhaps we take different approaches over what needs to happen next and what could have the most impact in changing culture and behaviour and improving the way we consider children’s rights in policy-making.

Let me start by again emphasising the Government’s commitment to children’s rights. No one questions the importance of the UNCRC and we are fully committed to giving due consideration to the articles when making new policies and legislation. We are equally determined to safeguard and promote the welfare of all children. Nothing could be more important.

As noble Lords are aware, this commitment is already enshrined in existing legislation and statutory duties. The Children Act 1989 and the Children Act 2004 set out a range of duties to safeguard and promote the welfare of children. Specifically, Section 11 of the Children Act 2004 places duties on a range of organisations including local authorities, the police, health services and a variety of other agencies to ensure their functions and any services that they contract out to others are discharged having regard to the need to safeguard and promote the welfare of children. In 2013, we issued statutory guidance to directors of children’s services which requires them to have regard to the general principles of the UNCRC and ensure that children and young people are involved in the development and delivery of local services.

In addition to legislation, a range of monitoring practices is also in place. Through the single inspection framework, Ofsted assesses the experiences of children and young people, tests the thresholds for providing help, care and protection, and evaluates the quality of this support. This reporting process is independent. Forcing local leaders to produce similar five-yearly reports is unlikely to offer the same level of scrutiny. Of course, we should not forget the role of the Children’s Commissioner. The Children and Families Act 2014 gave the Children’s Commissioner the explicit function of promoting and protecting the rights of children, having particular regard to the UNCRC and making sure their best interests are brought to the attention of decision-makers, both locally and nationally.

However, we would fully accept that there is more to do to embed the UNCRC in policy and practice. Across the UK, there are differing approaches to securing ministerial commitment to the UNCRC. Scotland and Wales have both gone down the route of putting a duty on their Ministers in regard to children’s rights and the UNCRC. In Westminster, our prime objective is to bring about sustained change to the culture that does more than force officials and practitioners to take greater account of the UNCRC—the noble Lord, Lord Judd, referred to this. We want policymakers and others to see the value of the UNCRC in their everyday work. Only last month, Minister Timpson spoke at a parliamentary event and—as the noble and learned Lord, Lord Woolf, mentioned—laid a Written Ministerial Statement reinforcing the message that, to achieve implementation of the UNCRC, every department across Westminster must be proactive in considering children’s rights in policy-making. As the noble and learned Lord also mentioned, the DfE Permanent Secretary, Jonathan Slater, wrote to his counterparts across government, challenging them to keep the convention at the heart of their policy-making and implementation, and to engage children and young people in the process.

We are determined to follow this through with a number of measures designed to embed children’s rights across Whitehall and beyond. These include introducing a programme to raise awareness of UNCRC among civil servants, with an understanding of what it means to have regard to the articles when carrying out public duties in relation to children. The programme will include a new core learning and development offer through Civil Service Learning, and an offer through the policy profession led by the director-general for children’s services and the chief social worker. This work will begin in January 2017 with the learning and development offer in place within six months. This goes further than we have gone previously in making training an integral part of Civil Service development. I am sorry that the noble Baroness, Lady Walmsley, believed that we had promised to start this earlier. I understand that we committed to look at all the options, including the models adopted by the devolved Administrations. We have had information from Scotland and Wales and are considering it. I hope the noble Baroness is reassured by my statement that we will start this programme in January.

We also have a commitment to work with the Joint Committee on Human Rights in its plans to develop a template for child rights impact assessments and on any associated guidance and good practice. We will host a round table in January next year with a range of stakeholders, including UNICEF and the Children’s Rights Alliance for England, to explore how we can develop a framework for this work. We will make sure there is input from those with experience and expertise who can support us to change behaviour and culture and promote children’s rights in policy-making at both local and national level. We will work with UNICEF and others to spread best practice from local authorities which have a good track record in promoting children’s rights and articulate the principles and values associated with that practice. At the next review of the statutory guidance Working Together to Safeguard Children, we will consider how the underpinning principles can be strengthened to reflect children’s rights, and we will, of course, continue to discuss and review progress with relevant non-governmental organisations.

The noble Baroness, Lady Lister, asked about evidence. As part of our consideration of implementation of the duties in Wales and Scotland, we will be considering the impact on children of policy-making. We know that UNICEF and others have some rich evidence, and we have asked them to provide it to us for further consideration. The noble Lord, Lord Warner, asked about impact assessments. There is already a strong recommendation within the Cabinet Office guidance to carry out impact assessments for new legislation.

I hope this reassures noble Lords of our wholehearted commitment to children’s rights. We will continue to observe and assess the results of the various approaches to implementing the UNCRC and will be very pleased to involve noble Lords who wish to be involved in that ongoing work. I appreciate the arguments that noble Lords have used to support the amendment, but I hope that our firm commitment to the UNCRC and our plans further to promote and embed it will convince the noble and learned Lord that his amendment is unnecessary.

[Lord Woolf]

I thank the Minister for that response and I thank all noble Lords who have contributed to this debate. I particularly thank the noble Baroness, Lady Walmsley, whose support I found essential during earlier events, especially when visiting Ministers about this matter. I pay particular attention to what the Minister said. As he spoke, I was very much reminded of what the noble Lord, Lord Judd, said about the importance of the convention underpinning what the Government are doing, which we applaud. Does the Minister still not think that instead of underpinning the convention he might be undermining it unintentionally? I hope he will take that thought away and that by the time the matter arrives in the other place the Government will have had a rethink on this matter. I beg leave to withdraw the amendment.

Amendment 10 withdrawn.