He
said children were finding themselves caught between both parents
with their needs forgotten about.
Swansea-based Mr Clarke, who champions the
voice of Welsh children, said their views needed to be
considered.
"Irrespective of
who is right or wrong, from the child's point of view they can just
feel they are being pushed by either party, and the rights of
children often get pushed to one side," he said.
Mr Clarke
was addressing a meeting of the Assembly's social justice committee
in the Dylan Thomas Centre.
In a presentation on the effect
domestic abuse had on children, he warned that a battleground
mentality could sometimes cloud people's judgement on what was in
the best interests of children.
The commissioner called for
youngsters to be more involved in decision-making and praised the
Assembly for setting a lead in this.
Assembly members also
considered a report which arose from earlier concern about child
contact in domestic abuse cases, particularly when an abusive
partner might use the courts to gain access to children.
It
said that disputes between separated parents over contact with their
children were among the most difficult and sensitive cases dealt
with by the Children and Family Court Advisory and Support
Service.
"As a matter of principle, domestic violence itself
should not constitute a bar to contact."
The report said that
investigations may have to be in certain situations.
It
added: "If there is evidence that the child has been exposed to
traumas, an assessment is made as to the abusive parent's ability to
recognise the impact of their conduct on the child.
"The
obligation is on the abusive parent to demonstrate that he or she
can be a positive and constructive influence on the child's life in
the future."
Brain Walters
BRIAN.WALTERS@SWWP.CO.UK
Children's Commissioner for
Wales
Oystermouth
House,
Charter Court,
Phoenix
Way,
Llansamlet,
Swansea.
SA7 9FS
Tel: 01792
765600
Fax: 01792 765601
post@childcomwales.org.uk
-------------------------------------------------------------------
Hain dismisses
concern over split of children's champions' powers
Western Mail (Cardiff) 30 June
2004
The carve-up of power between the Children's
Commissioners in England and Wales will make "absolutely no
difference at all" to child welfare, Welsh Secretary Peter Hain
insisted last night.
Mr Hain dismissed the concerns of Children's
Commissioner Peter Clarke, children's charities and MPs and AMs from
all parties as he suggested concerns voiced over the Children Bill
were unnecessary.
But Caernarfon MP Hywel Williams accused Mr Hain
of letting Wales down by failing to represent those fears at Cabinet
level.
Mr Hain was giving evidence to the Welsh Affairs
Committee yesterday on the Wales Office annual report when the issue
of Mr Clarke's job was raised.
The champion for children in Wales has warned
the creation of a counterpart in England, with powers over
non-devolved areas, will weaken his office and cause confusion for
children in Wales.
However Mr Hain insisted the Children Bill
overall represented a good deal for Wales because it devolved down
power over family courts to the Assembly.
He said, "I cannot see for the life of me how a
major devolution of power to Wales on children's rights cannot be
welcomed by everyone."
Mr Hain said a memorandum of understanding
between the UK Government and the Assembly Government would be the
"common sense solution" to allowing both Commissioners to work
together once the Bill became law.
"I will predict, that in practice, it will make
absolutely no difference at all," he said.
"Discussions are still continuing between Wales
Office ministers, the Department for Education and Skills and
Assembly Government ministers but it is very important that we don't
lose sight of the big picture. What we are seeing here is a
significant transfer of powers to the Welsh Assembly."
Mr Hain's assertion that this was a "relatively
small" issue was pulled up by the committee chairman Martyn Jones
who warned the effect of an England Commissioner with a remit over
non-devolved areas would effectively reduce the powers of the Welsh
Commissioner.
Committee member and Plaid Cymru MP Hywel
Williams, who was so concerned about the changes he urged the Prime
Minister to intervene, said Mr Hain was simply not fulfilling his
self-defined duty as Welsh Secretary to be "Wales' voice in
Westminster".
He said, "As far as we can see everyone in Wales
is on one side of this argument and Blair and Hain are on the
other.
"It is fair enough for Mr Hain to represent
Government policy in Wales but another aspect of his role is to be
the voice of Wales at Cabinet.
"He is not being the voice of Wales and he is
not fighting the fight that everyone in Wales wants him to
fight."
The row over the Commissioner is expected to
step up next month with the publication of a highly critical report
by the Welsh Affairs Committee on the split in power.
Westminster's Minister for Children Margaret
Hodge is expected to come in for particular criticism after
suggesting Mr Clarke was getting "bogged down" by handling
individual cases of child welfare in Wales and losing sight of the
"bigger picture".
Ms Hodge said the England Commissioner would not
concentrate on individual cases.
But Welsh MPs argue this will leave Welsh
children at greater risk than currently because Mr Clarke has
developed a relationship with police forces and youth justice
organisations which allows him to investigate even in non-devolved
areas.
Mr Jones, Clwyd South MP, said, "The English
Commissioner can only investigate matters with the agreement of the
Secretary of State, which does not apply to us at the moment, that
alone is of concern to us."
Source:
icwales.icnetwork.co.uk
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