Vote Bundle Text (900615-04)

Amendments proposed to the Care Standards Bill [Lords] - continued	House of Commons

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Annual reports

Mr Paul Burstow
Dr Peter Brand

NC5

To move the following Clause:—

'.—(1) As soon as practicable after the end of each calendar year the Commissioner shall submit an annual report on his activities during the year to the Secretary of State.

(2) The annual report shall include a general description of the circumstances of children in England and a survey of developments which have affected them during the period of the report.

(3) The Secretary of State shall lay a copy of each annual report before both Houses of Parliament and shall cause the report to be published.'.

Recommendations and compliance notices

Mr Paul Burstow
Dr Peter Brand

NC6

To move the following Clause:—

'.—(1) The Commissioner may make other reports at his discretion, and may publish them as he thinks fit; and such reports may contain such recommendations for action by others (including Ministers of the Crown) as in the opinion of the Commissioner are necessary or expedient.

(2) In making recommendations under subsection (1) the Commissioner shall give reasons in the report and shall send a copy of the report to any person at whom a recommendation is directed.

(3) If it appears to the Commissioner that a person is not complying with the provisions of the United Nations Convention on the Rights of the Child as ratified by Her Majesty's Government he may make recommendations in the form of a compliance notice, which shall state his opinion as to the way in which provisions in the Convention are not being complied with and what action should be taken to comply.'.

Following up recommendations

Mr Paul Burstow
Dr Peter Brand

NC7

To move the following Clause:—

'.—(1) A person at whom a recommendation is directed by a Commissioner shall—

(a) consider the recommendation; and

(b) notify the Commissioner within three months of receiving it (or a longer period if the Commissioner agrees) of the action which has been taken or it is intended to take in response to the recommendation.

(2) Where a person at whom a recommendation is directed intends not to comply with it he shall furnish the Commissioner with reasons for not doing so; and the Commissioner may publish the reasons.

(3) The Commissioner may require a person at whom a recommendation is directed to furnish him with such information as may be reasonably required to verify whether the recommendation has been complied with.

(4) Any person who fails to comply (whether wholly or partly) with a compliance notice may be required to publish that failure in such manner as the Commissioner may specify.

(5) If the Commissioner has reasonable cause for believing that a person will not comply with subsection (4) he may—

(a) publish the failure to comply with the notice; and

(b) recover from that person any reasonable expenses incurred.

(6) The Commissioner shall—

(a) establish and maintain a register of compliance notices; and

(b) ensure that the register may be inspected at all reasonable hours by any person.'.

Investigations

Mr Paul Burstow
Dr Peter Brand

NC8

To move the following Clause:—

'.—(1) The Commissioner may conduct a formal investigation for any purpose connected with the carrying out of his duties.

(2) For the purposes of a formal investigation the Commissioner may require any person who possesses documents or information relevant to the investigation to—

(a) produce such documents;

(b) furnish the information in writing;

(3) No person shall be compelled under subsection (2) to give information or produce documents which he could not be compelled to give or produce in civil proceedings before the High Court.

(4) The Commissioner shall prepare and publish a report of his findings in any formal investigation and shall include in it such recommendations as appear to him to be necessary or expedient.'.

Child impact statements

Mr Paul Burstow
Dr Peter Brand

NC9

To move the following Clause:—

'.—(1) Whenever it appears necessary or expedient to the Commissioner, he may require a Minister of the Crown to provide a child impact statement relating to any decision or proposal on policy which the Minister has made and which affects or may affect children.

(2) A child impact statement under subsection (1) shall set out the probable impact in the Minister's opinion on children of the decision or proposal to which the statement relates; and the Minister shall cause the statement to be published.

(3) Where the Commissioner publishes his opinions with regard to a child impact statement and requests the Minister who provided the statement to respond to these opinions, the Minister shall comply with that request.'.

Complaints procedures

Mr Paul Burstow
Dr Peter Brand

NC10

To move the following Clause:—

' .—(1) The Commissioner may require any person who is under a statutory duty to establish, operate or supervise any procedure for the consideration or representations or complaints to provide such information as can reasonably be obtained about the number, nature and outcomes of representations or complaints made by or on behalf of children.

(2) The Commissioner may request such information from any person who has established, operates or supervises any other procedure for the consideration or representations or complaints.

(3) Information provided to the Commissioner under subsection (1) or (2) shall not identify any person who has made a representation or complaint.'.

Other powers and functions

Mr Paul Burstow
Dr Peter Brand

NC11

To move the following Clause:—

' .—(1) Where the Commissioner considers it necessary or expedient for the carrying out of his duties, he may—

(a) publish and disseminate information about children;

(b) undertake or assist (financially or otherwise) the undertaking by other persons of any research;

(c) give assistance to a child or to a person acting on behalf of a child, which may include giving advice (including legal advice) or arranging for legal advice or for legal representation;

(d) give financial or other assistance to any organisation for the purpose of encouraging the promotion by children of the interests of children.

(2) In deciding whether to give assistance under subsection (1)(c) the Commissioner shall have regard to—

(a) the availability of such assistance elsewhere;

(b) whether in the Commissioner's opinion an important question of principle is involved; and

Legal proceedings and inquiries

Mr Paul Burstow
Dr Peter Brand

NC12

To move the following Clause:—

'.Where the Commissioner considers it necessary or expedient for the promotion or protection of the interests or rights of children, he may—

(a) prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, institute them in his own name;

(b) in his own name make representations in the interests of children at any public inquiry held by or on behalf of a Minister or public body under any enactment.'.

Legislation affecting children

Mr Paul Burstow
Dr Peter Brand

NC13

To move the following Clause:—

'.—(1) If a Minister of the Crown proposes—

(a) to present a Bill which seeks to amend or repeal the whole or part of an enactment which significantly affects children; or

(b) to make a statutory instrument under any provision of an enactment where that provision significantly affects children

he shall first consult the Commissioner.

(2) The Secretary of State may by order specify which enactments and which provisions of which enactments are to be taken as significantly affecting children for the purpose of subsection (1).

(3) When the Commissioner is consulted under subsection (1) he shall—

(a) consider the Minister's proposals; and

(b) publish his response

and the Minister shall have regard to that response.'.

Code of consultation

Mr Paul Burstow
Dr Peter Brand

NC14

To move the following Clause:—

'.—(1) The Secretary of State shall with the agreement of the Commissioner produce a code of consultation setting out the circumstances in which government departments shall consult the Commissioner, together with guidance on the timing and method of such consultations, arrangements for publication, and any other relevant matters.

(2) Government departments shall have regard to a code of consultation under this section.'.

Minister's requests

Mr Paul Burstow
Dr Peter Brand

NC15

To move the following Clause:—

'.Where a Minister of the Crown requests the Commissioner to consider or report on a particular matter the Commissioner shall have regard to that request.'.

Reports to Committee on the Rights of the Child

Mr Paul Burstow
Dr Peter Brand

NC16

To move the following Clause:—

'.A draft of any report which Her Majesty's Government intends to submit to the Committee on the Rights of the Child under Article 44 of the United Nations Convention on the Rights for the Child shall be sent to the Commissioner, who shall consider it and respond; and Her Majesty's Government shall have regard to the Commissioner's response before submitting the report.'.