5. What plans does the Welsh Government have to improve children's rights in Wales? OAQ52833

We have clear plans to protect and extend children’s rights. We will introduce legislation to remove the defence of reasonable punishment, and we will legislate to give 16 and 17-year-olds the vote in local government elections and support the Assembly Commission to extend voting rights to these young people for the Assembly.

I thank the leader of the house for that response. Is the leader of the house aware that a study published in the BMJ last week showed that countries where there is a ban on physically punishing children, including slapping and smacking, have lower rates of youth violence? The findings show that rates of physical fighting amongst young people were 42 to 69 per cent lower than in countries without any such bans in place. Doesn't she agree that this is very good evidence in support of the Welsh Government's plan to ban the physical punishment of children?

Yes, I am very aware of the research. In fact, the Welsh Government funds the Welsh contribution to the health behaviour in school-aged children study—one of the data sources that the research draws upon. We're very encouraged by the conclusion that country prohibition of corporal punishment is associated with less youth violence. It's very hard to say: less youth violence. [Laughter.] Of course, we considered a wide range of research and reviews in developing the evidence base for our proposed legislation, and the new research is very interesting and relevant to that. But I do think it's also important to also point out that our decision to take forward the legislation is also a principled one based on a commitment to children's rights, as well as on the research around violence, although that's a very nice added extra to have. The First Minister has confirmed that we will be bringing forward a Bill in year 3 of the legislative programme.

Leader of the house, I've argued before, of course, that our and Welsh Government's due regard for children's rights in our policy and legislation needs to be extended to public bodies, really, in order for the effect of what we do here to be felt locally. I don't think a three-page web consultation, as we've seen with Swansea Council recently on a school closure—which might be suitable for 17-year-olds but actually isn't for 5-year-olds—is particularly helpful. But, actually, the Welsh Government needs to look closer to home occasionally as well. The children's rights impact assessment on the most recent school code changes didn't mention article 12 of the United Nations Convention on the Rights of the Child at all. So, I'm just asking: do you think it's a good idea that all CRIAs should contain a statement of the reasons why article 12 hasn't been observed? I mean, there may be very, very good reasons for that—just impractical or genuinely unhelpful. But I think it would be helpful if they did include a statement as to why children's voices haven't been particularly sought on an occasion.    

Thank you. Yes, I'm very interested in what the Member said. I'm not aware of it, so I'd welcome a conversation between myself and the Cabinet Secretary for Education and her to explore that matter, because I think what she says is a matter of some interest.

Under the Rights of Children and Young Persons (Wales) Measure 2011, the Welsh Ministers do have to give due regard to specific provisions of the UN Convention on the Rights of the Child in carrying out its functions, but the legislation doesn’t provide a means of operating when rights under the convention are not adhered to. If Wales leave the European Union, many legal safeguards for the rights of children and young people will be lost. Will your Government therefore consider incorporating the rights of children under the convention into Welsh law in full, in order to ensure that there will be a means available when rights are not adhered to?

Yes, it's a very interesting point, and in conversation with Helen Mary Jones about the incorporation of the rights of disabled people, we are very interested in looking to see what the impact of that might be in those conversations, including, if necessary, enforcement provisions and so on. I'd very much welcome a conversation that extended that to the rights of the child.

We are, of course, the only country in the UK so far to consult children and young people on their views on Brexit, and we are going to receive the consultation report by the end of October. So, it'll be very interesting to see what the young people themselves say about the issue of the incorporation of rights after Brexit as well.