Children's Commissioner Frances Eivers accuses select committee of ignoring advice

Children's Commissioner Frances Eivers. Photo / Supplied

Children's Commissioner Frances Eivers has slammed Parliament's social services select committee for failing to reverse a bill effectively dismantling the position of Children's Commissioner.

The committee heard hundred of submissions on the Oversight of Oranga Tamariki System and Children and Young People's Commission Bill, most of which opposed it.

Among its original measures, the bill disestablished the statutory position of Children's Commissioner. It replaced it with a board of up to six commissioners to advocate for children and removed the powers of investigation the Children's Commissioner has and to monitor Oranga Tamariki. The bill sets up an independent monitor for Oranga Tamariki within the Education Review Office. Investigations and complaints by children in the Oranga Tamariki system will be handled by the Ombudsman.

Many submissions suggested the powers of the Children's Commissioner were being weakened because outspoken former commissioner Andrew Becroft had annoyed the Government so much.

Former Children's Commissioner Andrew Becroft. Photo / John Stone

After hearing submissions, the committee has recommended that as well as a board, a chairperson of the board should be appointed who would be known as the Chief Children's Commissioner.

But the changes do not satisfy Frances Eivers, a former district court judge, who took over the role in November last year.

"I cannot comprehend how the select committee progressed this bill through largely unaltered," she said in a statement.

Of 403 submissions, 311 had vehemently opposed it.

"When such a clear, resonant message is sent to Government, the failure to listen to the people they vowed to represent speaks volumes."

She said removing the power to investigate ran the risk of creating a figure rather than an advocate with real teeth.

She said the Children's Commissioners had been people with real mana such as Dr Russell Wills, Governor-General Dame Cindy Kiro and Judge Andrew Becroft.

"That legacy will end under this new structure and those mokopuna who need the most will be worse off."

While on the surface, the establishment of a "Chief Children's Commissioner" sounded positive the rest of the bill exposed the most vulnerable children to danger from the lack of effective monitoring.

The select committee, chaired by Labour MP Angie Warren-Clark, said it had appreciated concerns about the loss of a clear public-facing identity that children and young people knew and recognised.

"We do not want children and young people to feel that they do not know who represents and advocates for them."

The Green Party submitted a minority report and said the bill should be withdrawn until the final report of the Royal Commission into Abuse in State Care.

The Greens said the bill had been described by the Royal Commission Forum as a deliberate attempt to pre-empt the Commission and was a backwards step masquerading as progress.

"It is rare to consider a bill that has so little community support, and it is particularly disturbing to see so much opposition to a proposal that purports to increase the monitoring of, and advocacy for, the wellbeing of children in care."