Hansard

I begin by conveying apologies from Michael Russell, who is, unfortunately, unwell this afternoon. On a happier note, I congratulate Karen Gillon on her comprehensive introduction to the debate. Not a lot more needs to be said, although perhaps we are still required to say something.

During our previous debate on the subject, I suggested that

"the first line of the proposed bill should read, ‘There shall be a Scottish commissioner for children and young people'."—[Official Report, 25 September 2002; c 14049.]

Although that precise wording was disallowed, I am pleased to report that section 1(1) reads:

"There is to be a Commissioner for Children and Young People in Scotland."

And yes, I like that, too. For me, this is not just another debate on another piece of legislation, because I have a long-standing commitment to the establishment of a children's commissioner, which I can now see being realised.

I have been privileged—I use that word deliberately—to act as one of the Education, Culture and Sport Committee's reporters on the bill and to work on its detail. That has been a fascinating and rewarding experience. I express my thanks to the clerks and to the non-Executive bills unit for the assistance that they have given us in that task. I record my appreciation of the efforts of my co-reporter, Jackie Baillie, whose previous experience with bills proved to be extremely useful.

Even as it stands, the bill will ensure that there is a commissioner who will be a powerful, independent—I like that word, too—voice to represent the interests of all children and young people in Scotland. This significant and unique post will provide a focused approach to the promotion of the rights of children and young people. The commissioner will be able to influence decision making at the highest level.

Anyone who remains in doubt about whether such a post is required should read the interview with Peter Clarke, the Welsh children's commissioner, in the Sunday Herald this weekend. He said:

"Despite the huge goodwill that came with this office I am continually disappointed by the public's attitude towards children."

He is of the opinion that a "bi-polar outlook persists" in our perception of children:

"You either have the poor wee kids who you've got to protect—which is obviously correct in cases of abuse. And then at the other end of the scale children are uncivilised vandals".

In Wales, that adult prejudice is more than compensated for by the enthusiasm of children, who, he says, are extremely pleased

"to have someone to listen to them about what they think and feel".

Peter Clarke is in no doubt that in its first year the office of the children's commissioner for Wales has made life-changing differences to children. He confirms to us the value and benefits of investing in young people. He said:

"Children are highly creative powers who can help us develop … policies."

The most important piece of advice that he passes on to his prospective Scottish counterpart is:

"Do not lose touch with the children you are there to serve."

It is immensely satisfying that the bill is strong on precisely that issue. It contains a duty to involve children and young people in the work of the commissioner and a requirement to prepare and keep under review a strategy for maintaining that involvement effectively.

There is also a requirement to consult children and young people on the work that the commissioner will undertake. We felt that it was appropriate that the bill should make it clear that, when carrying out those duties,

"the Commissioner must pay particular attention to groups of children and young people who do not have other adequate means by which they can make their views known."

I am sure that all members accept the importance of that focus.

In arriving at the proposals that are outlined in the bill, the committee listened to a great deal of evidence from a wide range of agencies, although the most compelling evidence came from children and young people. I, too, am pleased that some of the contributors are present in the gallery today. As the policy detail was formulated, we embarked on further discussion and held a number of meetings to allow for greater dialogue. Not only was that good practice that conformed to the Parliament's principles of openness and transparency, but it provided a useful means of on-going communication between MSPs and all those with an interest in the establishment of a commissioner post. The meetings allowed concerns, issues and details to be considered and explored as the bill was progressed and drafted. As a result, we can be reasonably sure that the general principles of the bill have the support of much of civic Scotland. I anticipate that the bill will also receive the support of the Parliament today.

I commend to members a comment that was made to us by one of Scotland's children. She said:

"We think that having a children's champion would make a difference because it would help children all over Scotland to stand up for their rights, it would make children feel safer, and it would help children who are sad or depressed. It would also make children happier to know that their ideas had been listened to or maybe acted on."—[Official Report, Education, Culture and Sport Committee, 13 November 2001; c 2781.]

I trust that today the Parliament will move us one step closer to realising those aspirations.