Group 2. Due regard to United Nations Conventions (Amendments 26, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2, 3A, 3B, 3C, 3D, 3E, 3F, 3, 25)

Part of the debate – in the Senedd at 4:51 pm on 21 November 2017.

Alert me about debates like this

Photo of Darren Millar Darren Millar Conservative 4:51, 21 November 2017

I rise to speak to amendments 2 and 3, which have been tabled in my name, and all of the other amendments in this group. As the Minister has said, my amendments 2 and 3 are a direct response to calls by the Children, Young People and Education Committee for a due-regard duty in relation to the UN Convention on the Rights of the Child and the UN Convention on the Rights of Persons with Disabilities to be on the face of the Bill and seek to give effect to recommendations 31 and 32 in the Stage 1 committee report.

That recommendation was very clear: it recommended that all relevant bodies exercising functions under the new additional learning needs system must have due regard to both of those UN conventions. Now, both the Cabinet Secretary and I were members of the National Assembly when it considered the Rights of Children and Young Persons (Wales) Measure back in 2011, which placed a clear duty on Welsh Ministers, and Welsh Ministers alone at that time, to have due regard to the UNCRC. It was a groundbreaking piece of legislation; it's one that all political parties in this National Assembly supported, but that Measure, and the due-regard principle that it established, did not extend to any other body or any individuals until it was extended by the Social Services and Well-being (Wales) Act 2014, which, again, the Cabinet Secretary and I spent some time considering. And, of course, at that time, that Act was amended to require anyone, including individuals on the front line, exercising functions under that Act—from Ministers right through to those front-line individuals—to have due regard to the UN Convention on the Rights of the Child and many other UN conventions and declarations as well, when undertaking their practice.

Now, the Cabinet Secretary says there's never been any dispute about having these UN principles at the heart of this legislation, but, of course, there was significant opposition and resistance initially from the previous portfolio holder to suggestions that—