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Response
to the Review of Public Administration in Northern Ireland
- Further Consultation
Children’s Law Centre
September 2005
Contents
Introduction
3
General Comments
3
The Regional Tier for Public Administration
4
Central and Local Government Arrangements
6
Community Planning
7
Youth Services
8
Consultation
8
Conclusion
9
Introduction
The Children’s Law Centre is an independent charitable
organisation established in September 1997 which works towards
a society where all children can participate, are valued,
have their rights respected and guaranteed without discrimination
and every child can achieve their full potential.
We offer training and research on children’s rights,
we make submissions on law, policy and practice affecting
children and young people and we run an advice/ information/
representation service. We have a dedicated free phone advice
line for children and young people called CHALKY and a youth
advisory group called Youth@clc.
Our organisation is founded on the principles enshrined in
The United Nations Convention on the Rights of the Child,
in particular:
• Children shall not be discriminated against and shall
have equal access to protection.
• All decisions taken which affect children’s
lives should be taken in the child’s best interests.
• Children have the right to have their voices heard
in all matters concerning them.
From its perspective as an organisation, which works with
and on behalf of children, both directly and indirectly, the
Children's Law Centre is grateful for the opportunity to make
this submission to the Review of Public Administration Team
and to offer assistance and comment on the Review of Public
Administration Northern Ireland.
General Comments
The Children’s Law Centre is committed to the effective
and adequate provision of services for children and young
people and firmly believes that services for children and
young people should be structured around an entitlement for
all young people which will help them to develop personally
and to achieve their full potential. The Children’s
Law Centre’s response to this consultation will focus
on our main areas of concern and we do not wish to put forward
a view on the number of Councils etc, but rather to state
what we do wish to see in the new system of public administration
from the perspective of children and young people in Northern
Ireland.
We believe the new structures should firmly embed the United
Nations Convention on the Rights of the Child (UNCRC). The
Convention is a set of non-negotiable and legally binding
minimum standards and obligations in respect of all aspects
of children’s lives which the Government has ratified.
It is important to note that Government will again be reporting
to the UNCRC Committee in 2007 and will have to address the
issues raised and detail any progress made in relation to
the UNCRC Committee’s concluding observations (2002).
It is fundamental that all decisions regarding the provision
of services for children and young people has at their core
the key principles of the UNCRC. These are the principles
of non-discrimination, the best interests of the child, the
right to survival and development and the right for children
and young people to have their views heard and their views
taken into account.
ARTICLE 2
“ State Parties shall respect and ensure the rights
set forth in the present Convention to each child within their
jurisdiction without discrimination of any kind, irrespective
of the child’s or his /her parent’s or legal guardian’s
race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability,
birth or other status.”
ARTICLE 3
“In all actions concerning children, whether undertaken
by public or private social welfare institutions, courts of
law, administrative authorities or legislative bodies, the
best interests of the child shall be a primary consideration.”
ARTICLE 6
“States Parties recognize that every child has the inherent
right to life.
States Parties shall ensure to the maximum extent possible
the survival and development of the child”
ARTICLE 12
“ State Parties shall assure to the child who is capable
of forming his or her own views the right to express those
views freely in all matters affecting the child, the views
of the child being given due weight in accordance with the
age and maturity of the child.
For this purpose the child shall be given the opportunity
to be heard in any judicial and administrative proceedings
affecting the child, either directly, or through a representative
or an appropriate body in a manner consistent with the procedural
rules of national law.”
The Regional Tier for Public Administration
Perhaps the most significant recent development in relation
to children and young people in Northern Ireland is the development
of a ten year over-arching Children’s Strategy for Northern
Ireland. The Children and Young People’s Strategy has
the potential to positively impact on the lives of all children
and young people in Northern Ireland and it is fundamental
that the review of public administration is taken forward
through partnership working with all Government departments,
and the Children and Young People’s Unit of OFMDFM in
particular, to ensure that the emerging system of public administration
can support the implementation and delivery of the Children’s
Strategy. We have some concerns that the review of public
administration does not propose to reform regional structures,
such as Government departments, the Assembly and the Executive
and believe that these structures should also be examined
through this review to ensure a thorough analysis of how the
Children’s Strategy can be supported at all administrative
levels.
We support the ten characteristics which the future system
of public administration should fulfil given at page 10 in
the review document, i.e. the, the pursuit of achieving a
system of public administration that is characterised by,
amongst others, democratic accountability, community responsiveness
and partnership working, equality and human right (including
equity of access), quality of service, co-ordination and integration
of services, efficiency and effectiveness and innovation and
business organisation. These are very admirable, but as the
review itself is confined to reforming only at sub-regional
level ,we must assume from this that the Review Team believes
that these features currently characterise the regional tier,
thus not requiring it to be reformed at all. This has not
been the experience of the Children’s Law Centre who
believes that the regional tier can often be characterised
by failing to deliver a joined-up approach to government and
a lack of co-ordination in service provision. We have had
experience recently of two units within one Department being
unaware of their own specific area of responsibility. This
does not indicate successful partnership working within one
Department, much less cross-departmentally. We believe that
the regional tier of government should be subject to the same
scrutiny in the pursuit of achieving the same aims in an effort
to determine whether reform of the regional tier is required
to fulfil the same ten characteristics at this level. Reform
of all structures would ensure consistency in the quality
of service delivery throughout our governmental structures
in Northern Ireland.
We warmly welcomed the recent announcement of the appointment
of a Minister for Children in Northern Ireland and believe
that the Minister is a positive development not least in the
ability of such a Minister to really put children’s
concerns at the heart of Government by greatly increasing
their ranking as a political priority. Support for such a
post within a Northern Ireland Executive was found to be strong
by the Northern Ireland Commissioner for Children and Young
People’s (NICCY) research team in carrying out the “Children’s
Right in Northern Ireland” research (2004), with many
interviewees supporting the appointment of a Minister for
Children to ensure a cohesive and strategic approach to children
across all aspects of Government. (NICCY research 2004 page
10) The Minister for Children will have a vital role in ensuring
children’s services are adequately funded and that resources
are properly integrated but we believe that it is important
that this strong government commitment to the needs of children
and young people be replicated in central government. We would
like to see the creation of a central government department
for children to support the Minister and take forward children’s
issues as a priority for government.
There is potential within the review of public administration
to streamline government’s budget allocation and delivery
processes through the new structures of public administration.
Whilst we recognise that initially there will have to be investment
in the change process, we believe that there should be a clear
and transparent tracking process put in place which can identify
the savings made over time through the reforms and can demonstrate
how these savings are delivered to frontline public services.
We also believe that structures should be put in place to
track the amount of money being spent on children and young
people in Northern Ireland. The UNCRC Committee has paid considerable
attention to the identification and analysis of resources
for children in budgets. It observes that without clarity
regarding the amount of money being spent on children both
directly and indirectly,
“...no state can tell whether it is fulfilling children’s
economic, social and cultural rights” (General Comment
5 para 51)
The Committee has repeatedly raised the issue of insufficient
allocation of resources towards the implementation of children’s
rights with a number of member states. In 2002 the Committee
recommended that the UK Government,
“...undertake an analysis of all sectoral and total
budgets across the State party and in the devolved administrations
in order to show the proportion spent on children, identify
priorities and allocate resources to the “maximum extent
of…available resources”. (CRC/C/15/Add.188 para
11)
To comply with the UNCRC Committee’s Guidelines on Periodic
Reports the UK Government, in its report due to be submitted
in 2007 will be obliged to provide information regarding:
• The proportion of the budget devoted to social expenditures
for children, including health, welfare and education, at
the central, regional and local levels;
• Arrangements for budgetary analysis enabling the amount
and proportion spent on children to be clearly identified.
The steps taken to ensure that all competent national, regional
and local authorities are guided by the best interests of
the child in their budgetary decisions and evaluate the priority
given to children in their policy making; and,
• The measures taken to ensure that children, particularly
those belonging to the most disadvantaged groups, are protected
against the adverse effects of economic policies, including
the reduction of budgetary allocation in the social sector.
(CRC/C/58 para 20)
The review of public administration offers an opportunity
to put in place structures to ensure that the Government will
be in a position to provide this information when it reports
to the UNCRC Committee in 2007. It is essential that this
opportunity is seized in an effort to fulfil the obligations
of Government as a result of the ratification of the UNCRC.
Again, we wish to use this forum to stress the need to ring-fence
funding for children’s services as per the Government’s
obligations, which is a particularly onerous one given the
UK’s status as a G8 nation, to allocate resources to
children to the maximum extent of available resources. (CRC/C/15/Add.188
para 11 and above)
Central and Local Government Arrangements
It is vital for the development of a joined-up, co-ordinated
system of public administration that there are transparent
arrangements in place to enable an effective two way process
whereby policy development, strategic planning, standards
and resources at the regional level and the proposed community
planning and service delivery at the sub-regional level can
interact to influence the overall direction of public service
delivery. The success of the two-tier system will very much
depend on putting into place comprehensive and effective arrangements
between central and local government and it is clear that
interaction between the two tiers will be vital.
The proposal to introduce a “formal liaison mechanism”
to operate between local and central government which would
involve, “formal periodic meetings between Ministers
and representatives of local government, with an appropriate
supporting structure at senior officer level” (Pages
25 and 26) will be central to ensuring the success of central
and local government arrangements. We are of the opinion that
the proposed formal periodic meetings between Ministers and
representatives of local government should also be inclusive
of other key partners to the community planning process including
the voluntary and community sector. We note that there is
reference to the voluntary and community sector developing,
“in scale and importance at both the local and central
levels of government” (Page 26), however there does
not appear to be any firm proposal as to how this should be
taken forward. We believe that it is important that the voluntary
and community sector is recognised as having a role in central
Government. We believe that there is a need for further robust
consultation with the voluntary and community sector on its
active engagement at central government level in compliance
with the Compact.
Community Planning
The Children’s Law centre welcomes the statement by
the Review Team that it is envisaged that there will be a
significant role for the voluntary and community sector in
community planning as “key partners in the planning,
co-ordination and delivery of services” (Page.26). We
recognise the potential of community planning in that it will
allow the children’s sector to maximise engagement with
the new structures of public administration to champion the
rights and needs of children and young people and ensure their
active participation. We support the partnership ethos of
community planning, aiming for agencies to work together to
provide better public services in an environment of genuine
engagement with the public in terms of the decisions relating
to the provision of public services. In realising the commitment
to the voluntary and community sector as a true “key
partner” in community planning, it will be central that
councils fulfil their statutory duty to consult and meaningfully
engage with the voluntary and community sector.
It is vital that there are structures and provisions put in
place to ensure the active participation of children and young
people is at the heart of community planning in compliance
with Article 12 of the UNCRC. This is in line with the UNCRC
Committee’s concluding observations which recommended
that the Government take further steps to promote, facilitate
and monitor systematic meaningful and effective participation
of all groups of children in society and that the Government
take further steps to consistently reflect the obligations
of Article 12 in legislation, and that legislation governing
court procedures and administrative proceedings ensure that
a child capable of forming his/her own views has the right
to express those views and that they are given due weight
delivering positive outcomes for children and young people.
In Northern Ireland the absence of such structures to encourage
children’s participation in government has been noted
as a key issue of concern in the NICCY research (2004). The
Children’s Law Centre believes that this should be addressed
by the review of public administration. The examples of good
practice which do exist, such as the participation of young
people in youth councils in particular council areas should
be further developed and replicated through the creation of
youth councils across future re-configured council areas in
Northern Ireland. Youth councils would provide a vital link
into the community planning process for children and young
people and should be inclusive and representative with involvement
of children and young people from across the Section 75 groups,
including mechanisms to hear from those children and young
people who are unwilling or unable to be active participants.
Youth Services
The Children’s Law Centre is of the opinion that responsibility
for all children’s services including youth services
should be integrated within a children’s central government
department responsible to the Children’s Minister. In
the interim we believe that responsibility for youth services
should remain with the Department of Education. We note the
proposal that responsibility for youth services may move to
councils, however, we believe that the new councils should
focus on their existing responsibilities for children and
young people and develop their capacity to positively engage
with children and young people through the development of
youth councils across Northern Ireland.
Consultation
We note with concern that the document states that the Review
Team does not propose to conduct a full assessment of the
impacts on policies on equality, social need and rural issues
until Ministers have taken final decisions. (Page 123) We
strongly disagree with this statement and believe that the
equality statutory duty imposed on OFMDFM, as the lead department
responsible for the review, by section 75 of the Northern
Ireland Act 1998 must underpin all levels of policy making
to ensure that there is no adverse impact on any of the nine
groups detailed in the legislation. We would submit the Review
Team have misdirected themselves in their interpretation of
Section 75. We believe that the letter and spirit of section
75 intends for equality concerns to be central to the policy
decision-making process. This involves consideration of section
75 at the very beginning stages of the Strategy’s development
and implementation. The Equality Commission’s Guidance
for Implementing Section 75 of the Northern Ireland Act 1998
states that,
“1.4 The new statutory duties make equality central
to the whole range of public policy decision-making. This
approach is often referred to as “mainstreaming”.
The Council of Europe has defined mainstreaming as:
“the (re)organisation, improvement, development and
evaluation of policy processes, so that a[n] … equality
perspective is incorporated in all policies at all levels
and at all stages, by the actors normally involved in policy-making”.”
(Gender mainstreaming conceptual framework, methodology and
presentation of good practices. Council of Europe, Strasbourg
May 1998)
It is clear from this that the intention of section 75 is
to mainstream equality, making it central to policy decision
making. In order for an equality perspective to be central
to policy making it needs to be incorporated in all policies
at all levels and stages. This would unequivocally involve
incorporation of the principles of equality of opportunity
from the beginning of this process and throughout the development
and implementation of the new system of administration in
Northern Ireland. It is vital that a full and thorough EQIA
is carried out on all the options put forward within the review
of public administration in advance of the consultative process
to ensure that equality considerations are a major factor
in decision making and to fulfil the Review Team’s commitment
to equality.
While we recognise the challenges that this presents we wish
to highlight the ongoing work between the Government and the
Equality Commission on Priorities and Budget 2006-08, to subject
the process to an EQIA. There is definite scope for replication
of this work to ensure compliance with the section 75 statutory
duty in all high level strategy development. As a result we
recommend that the Review Team carries out an EQIA on this
policy as a matter of urgency, particularly in light of the
absence within the initial considerations of equality of any
specific consideration of equality issues for children and
young in relation to the information provided on access to
public services and employment (RPA, p.124-128).
We welcome the proposal to produce ‘detailed implementation
plans’ following the final decision stage as it is here
that we believe the fundamental detail will lie in determining
the future operation of the system of public administration.
For this reason, and in compliance with the section 75 statutory
duty, it is absolutely vital that the implementation plans
are subject to full and through equality impact assessments
and are widely consulted on, both with representative groups
and individuals who will be affected by the changes to the
system of public administration. We strongly advocate that
children and young people are central to this direct consultation
and stress the need to be as representative and inclusive
as possible in order to hear the voices of all children and
young people, including marginalised young people whom consultation
processes generally do not reach, for example, children in
the youth justice system, children being looked after, members
of minority ethnic groups, such as Traveller children etc.
While we are aware that the Review Team did carry out consultation
directly with children and young people and we welcome this,
we would be grateful if you would provide us with details
of the extent of the direct consultation with children and
young people as one of the groups who will be greatly impacted
upon most by the changes to the current system of administration.
Such consultation is essential not only in ensuring compliance
with section 75, but also in ensuring the Government’s
compliance with Article 12 of the UNCRC, one of the principles
of the Convention - Respect for the views of the Child. In
examining the government’s compliance with Article 12,
the UNCRC Committee recommended that the government, “...take
further steps to promote, facilitate and monitor systematic,
meaningful and effective participation of all groups of children
in society”. (Para 30 CRC/C/15/Add.188)
We would also be grateful if the Review Team would respond
with details of the system which they intend to use to analyse
responses to this consultation process including the degree
of weight which will be attributed to both individual and
organisational responses. This is a vital element to drawing
conclusions from responses and progressing with identified
areas for immediate action or otherwise. For this reason,
we would appreciate information both on the system itself
and on its operation for the purposes of analysis.
Conclusion
The Children’s Law Centre is grateful to have the opportunity
to comment on the Review of Public Administration –
Further Consultation document. We hope that our comments have
been constructive and useful and are more than happy to meet
with staff of the Review Team to discuss anything raised in
this response. We wish to be kept informed of progress in
the development of the Review of Public Administration in
Northern Ireland and look forward to the issues raised in
this response being addressed, taken forward by the Review
Team and hearing from the Review Team in the near future.
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