Maharey Steve: Commissioner for Children Bill — Second Reading 
Maharey Steve: Commissioner for Children Bill — Second Reading 
[Volume:613;Page:9777] 
Hon STEVE MAHAREY (Minister for Social Development and Employment) 
: 
 I move  
That the Commissioner for Children Bill be now read a second time 
. Before I get into my notes can I just mark the fact that the time that it has taken for this bill to move through the House means that we have seen the departure of one Commissioner for Children. I want to thank him for his outstanding service in the time that he was in this job and to welcome into the role Cindy Kiro who is now the Commissioner for Children and who I think has already probably in the eyes of everybody in the House begun to stamp a very independent position for herself as well. 
The Commissioner for Children Bill re-enacts the commissioner’s functions as set out in the Children Young Persons and Their Families Act with enhancements that are consistent with the commissioner’s primary role as an advocate for children. The purpose of this bill is to give effect to the provisions relating to the commissioner in a new separate statute with explicit statutory powers. The bill also changes the commissioner’s current investigative function so that the commissioner can investigate any decision or recommendation made or act done or omitted in respect of a child. This means that the investigative function is not limited to decisions made under the Children Young Persons and Their Families Act. 
The bill provides the commissioner with additional statutory functions and explicit powers to give better effect to the implementation of the United Nations Convention on the Rights of the Child. The convention is one of the United Nations’ core human rights instruments. It has 54 articles that set out a wide range of agreed rights to protect the entitlements and freedoms of children. New Zealand is required to report on progress in implementing its principles every 5 years. The convention is included as a schedule of the bill for information and reference purposes in order to increase the general knowledge and understanding of the convention within New Zealand and to reinforce this Government’s commitment to that convention. Through this bill the commissioner is given a major role in raising awareness of the convention and in encouraging others to apply it in their work. In this way the bill is contributing to endeavours by New Zealand to strengthen the observance and implementation of the convention’s principles with regard to the protection of children’s interests rights and welfare. 
There has been widespread support for this bill in the House. A member’s bill sponsored by John Wright MP of the Alliance was introduced during 1999. On 25 May 2000 the Social Services Committee presented its interim report on the Parliamentary Commissioner for Children Bill with the intention that the interim report would serve to inform the drafting process for this Government-sponsored bill. This bill goes much further and provides the commissioner with new functions that include promoting the establishment of accessible and effective complaints mechanisms for children and monitoring the nature and level of complaints; acting as an advocate for children’s interests rights and welfare generally; promoting children’s participation and following an approach that gives due weight to their views; consulting children; presenting reports to any court or tribunal; and reporting to the Prime Minister on matters affecting children’s rights. In short this bill is evidence of this Government giving practical effect to its stated commitment to children and to making life better for them in this country. 
The Social Services Committee received 23 submissions on the bill. As a result of the submissions received and the Social Services Committee’s own deliberations it has recommended a number of changes to the bill all of which are supported. These changes strengthen and clarify the intent of the bill. There are three changes that I would like to mention. 
A change that the Social Services Committee recommended which I support is a change to the title “Commissioner for Children”. It has been changed to “Children’s Commissioner” and the title of the bill changed to “Children’s Commissioner Bill”. I would like to emphasise that the change to the title of the commissioner is quite significant and is no mere semantic. It gives the effect of placing greater emphasis on children as opposed to the commissioner. In addition it better conveys the notion that the commissioner is representative of all children and moves away from the notion of children being objects of concern who are dependent on the commissioner’s protection. The amendment brings the name into line with those of other statutory office holders such as the Human Rights Commissioner the Retirement Commissioner and the Health and Disabilities Commissioner. 
Another change that the Social Services Committee recommended is the insertion of a new provision in the bill that requires that the responsible Minister advertise the vacancy or prospective vacancy of the Children’s Commissioner in a manner that would enable suitably qualified individuals to apply for the appointment. A further amendment calls for the responsible Minister to have regard for the desirability of consulting organisations or persons who have a special interest in the functions of the commissioner including organisations representing children and children themselves. Overall the comments in the submissions called for a more transparent process for the appointment of the commissioner. I fully support this change and consider that it will further strengthen the perceived independence of the Children’s Commissioner and the functions and powers of the office. 
Finally the Social Services Committee recommended the insertion of a new clause in the bill that requires the commissioner to develop means of consulting children. The Social Services Committee considered that in a bill focusing on welfare rights and the interests of children there should be provision for avenues through which children can contribute their own perspectives and concerns on an ongoing basis. This is in keeping with articles 12 and 13 of the United Nations Convention on the Rights of the Child which require children to be heard in decisions affecting them and to be accorded the right to freedom of expression. 
I once again want just to note Cindy Kiro’s appointment in August as the fourth Commissioner for Children. She brings to this role her extensive public management and child advocacy experience excellent academic qualifications and a strong working knowledge of the Children Young Persons and Their Families Act children’s rights and New Zealand’s UN obligations. She is the ideal commissioner to undertake the responsibilities inherent in this bill. 
 I thank those organisations and members of the public who made submissions on the bill. I also thank the Social Services Committee for its work and the considered changes that have been recommended. The changes made by that committee further enhance the intent and value that underpin this Government’s commitment to the well-being of children. I commend this bill to the House.