Lord Meston (CB)

My Lords, I support Amendments 469 and 470 and have added my name to Amendment 502F. However, I suggest that altogether more forthright and comprehensive embedding of the UNCRC into English law is now both appropriate and overdue, even if that cannot be fully achieved under this Bill. That convention was signed by the United Kingdom, among many others, as long ago as 1991. It commands widespread respect. Since then, England has fallen out of step with Wales, where, as we have been told, a measure in 2011 placed an express duty on Ministers to have regard to the rights and obligations in the convention. England is yet more out of step with Scotland, where the convention was fully and directly incorporated into law by statute last year. Amendment 470 would align England with Wales, but not yet with Scotland. Amendment 502F would impose a duty on public authorities, not just on Ministers, yet both fall short of unqualified incorporation. The convention provides a wide-ranging and valuable list of rights which should be an invaluable checklist for any public authority. Even if some may criticise parts of it as idealistic and aspirational, the convention both sets and raises standards, and specific articles of the convention supplement current gaps in practice and procedure and enhance accountability. Without going into too much detail, significantly, it was the first international convention expressly to recognise and underpin a child’s right to identity, as set out in Articles 7 and 8. This is not unimportant for migrant and unaccompanied children, or in the complexities of modern parental relationships. Article 12 is widely recognised as important in requiring proper consideration of the views of a child on all matters affecting that child. Any family law practitioner can see the potential general and specific influence of many of the other articles. For example, Article 10.2 could influence disputes over child relocation. More broadly, several topics and problems discussed in the course of this Bill’s progress through Parliament are covered by the convention. Article 24 is relevant to the real problem of the poor take-up of vaccination for children; Article 28 to school attendance; and Article 33 to drugs. Overall, although I submit that these amendments could be more robust, they would be a step along the way to following Scotland. Although I support Amendment 502F, I suggest that the drafting of proposed subsection (5) could be simplified to remove the double negative. Amendment 470 would require publication of reports every three years, and Amendment 502F would require them every five years. It would probably be better to co-ordinate the timing of any reports with those required under Article 44 of the convention itself, which may have been what was intended. Scrutiny of such reports is important to ensure that they are not selective and altogether uncritical, as can occur. If we are serious about children’s rights, they should be incorporated into law—irrespective of any future formulation of human rights. These amendments should be accepted. I am glad that Amendment 502G has been added to this group; Governments have to balance children’s rights and parents’ rights with care. All children are entitled to equality of educational opportunity in a way that broadens horizons, rather than narrows potential. Children have rights and parents have rights, but parents also have responsibilities.