Hodge slammed for undermining Welsh devolution

Margaret Hodge's approach to the government's Children Bill has been slammed for "undermining the devolution settlement" with Wales.

The Commons Welsh affairs committee also said the children's minister was guilty of an "error of judgement" in her handling of the consultation process on the legislation.

The MPs have been angered by the government's continuing refusal to extend the powers of the Welsh children's commissioner Peter Clarke.

Instead, ministers propose to give the soon-to-be-established children's commissioner for England the responsibility for overseeing non-devolved issues in Wales.

But that arrangement has come under sustained fire from the committee, which castigated the minister for failing to consider alternative courses of action in a report released on Thursday.

During the course of their inquiry, the MPs were told by Clarke that he had only been invited to a meeting with Hodge after the key decisions had been taken. He was told by the minister that the government's approach to his powers was "non-negotiable".

This affront, in the eyes of the committee, was compounded by Hodge's refusal to specifically consult with any Welsh children on what they would like to see from the legislation.

While English children were involved in the consultation, the minister argued that any consultation in Wales was the responsibility of ministers in the Cardiff assembly.

The committee rejected that argument, saying the UK government should be responsible for consulting with the whole of the country on any nation-wide legislation.

Adding to the committee's list of grievances was the fact that the Welsh assembly and its ministers had favoured the extension of powers to Wales that the minister had already ruled out.

"We conclude that the government's approach to devolution on this issue has fallen short of what we would expect," said the report.

"Its failure specifically to consult either children in Wales or the children's commissioner for Wales in advance, undermines the devolution settlement.

"More seriously, it reinforces the notion that Wales remains on the margins of the UK government's consciousness...

"The minister should reflect upon her error of judgement not to consult Welsh children on an issue that directly affects their lives."

DfES under fire

Among the other criticisms in the report was an apparent contradictory statement from the Department for Education and Skills justifying its position on the devolution of powers.

Its submission to the committee said it did not expect children to "understand the complexities" of the devolution settlement, but then went on to say that dividing the powers of the two commissioners according to that arrangement would not "create any confusion for children or anyone else in Wales".

"By simply using the devolution template for the establishment of the English commissioner, the child's perspective has been placed second to the perspective of ministers," said the MPs.

"The post-devolution landscape has been one of general accord between the National Assembly for Wales, the Welsh Assembly Government and the UK government. The Children Bill has undermined that accord."

The report added: "The minister has hidden behind the false premise that the extension of the commissioner's powers is a direct part of the devolution settlement.

"While it may appear to be a convenient defence it is misguided and puts into question the minister's commitment to placing the needs of children over that of spurious bureaucratic expediency."

There was also concern in the report that the government had failed to assess correctly the level of funding the English commissioner would need in order to carry out their functions relating to Wales.

And the ability of the English commissioner to publish information in Welsh was also called into question.

Responding to the report, Plaid Cymru MP Hywel Williams drew attention to the role of the Welsh secretary, saying he had failed to stand up for Wales.

"Peter Hain has repeatedly failed to act on behalf of Welsh children and children's charities on this matter and this is a serious error of judgment on his behalf," said Williams.

"As secretary of state for Wales, his first duty is to represent the views of the people of Wales at Cabinet level.

"His failure to acknowledge the fears raised by the children's commissioner for Wales, by children's charities in Wales and by Welsh politicians, some from his own party, shows where his true loyalties lie; that is with the government in London rather than with the people of Wales."