‘Children’s Civil Rights Changed’ (Press, 5 March 1982)

The Children and Young Persons Bill has come under scrutiny from the University Students Association (USA), which recently presented its concerns to the Health and Welfare Select Committee. The association argues that the bill grants the police excessive powers that infringe on the civil rights of children and young people. Mr M. Waghorne, a representative from the USA, highlighted that the legislation permits the police to use force to detain a 16-year-old engaging in legal activities, raising concerns about the potential for harassment of youth going about their lives. The bill allows the police to return to parents or guardians any child aged between five and 16 found unaccompanied in environments deemed harmful to their physical or moral well-being. This provision would empower officers to make subjective assessments about a young person’s associations, particularly if they are with “known criminals or drug addicts,” based on the unproven assumption that such affiliations would corrupt the youth. Waghorne pointed out the disparity in how individuals over 16 are treated under the same conditions, as they can remain with the same associations without fear of police action. He questioned how the term "known criminal" would be defined, arguing that without a clear legal definition identifying individuals with a record of convictions, the law could lead to arbitrary enforcement. In response to Waghorne's concerns, Mr D. M. Jones, a National Party member, contested his viewpoint, insisting that a known criminal would indeed need to have convictions for police intervention to be justified. Tensions arose during the discussions when Mr P. S. Tapsell, a Labour Party member, derisively questioned whether the association's stance on the bill suggested that young people were better protected from harm. He referred to interactions among youth as “homosexual idiocy,” prompting Waghorne to assert that it was vital to respect young people's rights to engage in consensual relationships and lead independent lives. The committee's chairman, Mr M. E. Cox, intervened, advising members to avoid inappropriate questioning. Tapsell also challenged Waghorne on whether the submission represented the views of the entire student body, given that it was compiled during students' vacation. Waghorne clarified that input was sought from all universities’ presidents, and no significant alterations were suggested, indicating broad support for the national executive’s position. This exchange reflects ongoing tensions around the balance between ensuring young people's welfare and protecting their rights within the legislative framework proposed by the Children and Young Persons Bill.

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