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Children's Commissioner for Wales Peter Clarke

Children caught up in marriage bust-ups often feel they are "ammunition in a battle",

Children's Commissioner Peter Clarke has told a meeting in Swansea.

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

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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