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Interview: Baroness Walmsley, Liberal Democrat spokeswoman, House of Lords

"The trouble is private members' bills don't go through unless the government is willing to give it a fair wind," says Baroness Walmsley of her attempts to get a Children's Rights Bill through the House of Lords.

Unfortunately for Walmsley and the 23 children's organisations backing her, hopes of securing a second reading of the Bill this week have been dashed, prompting fears it won't be debated before the general election. But this setback is unlikely to deter Walmsley in her crusade to fully incorporate the UN Convention on the Rights of the Child (UNCRC) into UK law.

Over the years, the Lib Dem peer has developed a deep and fervent commitment to children's rights through a varied career.

Walmsley says her interest in children's rights emerged after the birth of her children and her subsequent campaigning for good quality early years education. After obtaining a degree in biology and working in the health service, she became a secondary school teacher before moving into a high-profile PR firm.

When she entered the Lords, the Lib Dems embraced her continued interest in children.

Spurred on by the time she spent on the board of Unicef, Walmsley has become convinced the only way in which the UK government can live up to its commitment to the UNCRC is to accept the Bill.

"The government says it is committed to the convention and yet every time it is inspected by the UN committee there are criticisms about the way children's human rights are fulfilled in this country," she says.

Walmsley admits that a lot has been said and done for children during the 13 years of the current Labour government, but she remains concerned that the absence of a Bill of Rights in this country will allow fundamental children's rights to be flouted.

"Currently, children can't give voice to their rights and they can't ensure their rights in court," she explains. "Although there are bits of children's rights in lots of different pieces of law, they are scattered all over the place; whereas if we introduced a fundamental piece of legislation affecting all children in the country, any future piece of law that came forward would have to comply with the convention."

An important precedent was set, she says, when the Human Rights Act enshrined the European Convention on Human Rights in UK law. This example leaves her wondering why the same can't be done for children.

"It is unfortunate that certain people have an interpretation of the word 'rights'," she says. "People think of bolshy teenagers bouncing around saying 'you've no right to do that to me' when it isn't at all about that."

She admits that children in the UK are much luckier than in many other countries, but she cites the prison service's strip searching and physical restraint methods, along with the custody of asylum-seeking children, as examples where the UK "flagrantly flouts" the convention.

Walmsley is fully prepared for resistance when the Bill is actually debated, saying she expects the usual list from the government of good things it has achieved. While she doesn't want to belittle these efforts, she believes this will also give her a chance to highlight the worrying gaps.

When the Bill is scheduled for its second reading in the Lords, Walmsley will be supported by the Rock coalition (Rights of the Child UK). Members including the Howard League for Penal Reform, Young Minds, the Refugee Children's Forum and the Children's Rights Alliance for England will brief peers on specialist areas, hoping to spark an informed and reasoned debate.

But while Walmsley is resigned to the fact that the arduous process of introducing a Bill is likely to mean it will not reach the House of Commons stages, she is ready for a fight.

"It took 15 years to get rid of slavery and years of pressure before the Human Rights Act was incorporated," she says. "While I don't expect my Bill to get through the House at this stage, I will keep introducing it until I am convinced we are in a position where children's rights are fully fulfilled in this country."


BACKGROUND: CHILDREN'S RIGHTS IN THE UK

  • The UK has the second worst infant mortality rate of the 24 wealthiest countries; the treatment of children in the criminal justice system is regularly criticised by human rights bodies, and the detention of immigrant children continues
  • A Children's Rights Act would mean decisions taken by government would have to be in the best interests of children and comply with the UNCRC
  • Courts would be able to base their decisions on the UNCRC, which they don't do at the moment
  • The UN Committee on the Rights of the Child has repeatedly called on the UK to incorporate the UNCRC into UK law

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