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

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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

      (c) what is in the Commissioner's opinion the most efficient and effective means for the discharge of his duties.'.


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.'.


Review of Act

   

Mr Paul Burstow
Dr Peter Brand

NC17

To move the following Clause:—

    '.The Commissioner shall from time to time, when he thinks fit or is so required by the Secretary of State—

      (a) review the working of this Act; and

      (b) submit to the Secretary of State any proposals for amending it.'.


Interpretation

   

Mr Paul Burstow
Dr Peter Brand

NC18

To move the following Clause:—

    '.In this Act "child" means a person under the age of eighteen.'.


Financial provisions

   

Mr Paul Burstow
Dr Peter Brand

NC19

To move the following Clause:—

    '.There shall be paid out of money provided by Parliament any expenditure incurred—

      (a) by a Minister of the Crown;

      (b) by the Children's Rights Commissioner

    by virtue of this Act.'.


Treatment of residents who entered care homes before April 1993

   

Mr Paul Burstow
Dr Peter Brand

NC20

To move the following Clause:—

    '.Section 26A of the National Assistance Act 1948 shall cease to have effect.'.


Appeal to Commission

   

Mr David Amess
Mr Julian Brazier

NC24

To move the following Clause:—

    '.—(1) Any person affected by a decision of a local authority in the exercise of its relevant functions under this Part shall have the right to appeal against that decision to the Commission.

    (2) Grounds of appeal shall include, but are not limited to—

      (a) miscarriage of justice; and

      (b) failure to comply with legislation and guidelines.

    (3) The Commission shall provide a written decision in relation to each appeal to the person who brings the appeal, the local authority and to the Secretary of State.

    (4) The Commission shall publish, on an annual basis, the results of each appeal heard, the local authority involved, and the grounds on which a decision was reached, and shall provide the publication to the Secretary of State.

    (5) The Commission shall make a copy of the publication referred to above available to the public, such copy to be edited so as to prevent identification of any child or any other such individual whom it is deemed should be protected by anonymity.

    (6) The Commission may decline making the report available if there are exceptional circumstances which render such publication contrary to the public interest.'.


   

Mr Paul Burstow
Dr Peter Brand

34

Schedule     1,     page     65,     line     27,     at end insert—

    '4A. The Commission shall have the general duty to monitor and report to the Secretary of State on the level and impact of fees on the demand and supply of Part II services.'.

   

Mr Paul Burstow
Dr Peter Brand

36

Schedule     1,     page     65,     line     27,     at end insert—

    '4A. It is the duty of an authority to seek and have regard for the views of service users in the discharge of its functions.'.

   

Mr Paul Burstow
Dr Peter Brand

6

Schedule     1,     page     65,     line     30,     at end insert 'and two of the members of each such authority shall wherever possible be current users of services regulated under this Act'.

   

Mr Paul Burstow
Dr Peter Brand

152

Schedule     1,     page     66,     line     31,     leave out 'director' and insert 'commissioner'.

   

Mr Paul Burstow
Dr Peter Brand

153

Schedule     1,     page     66,     line     32,     leave out 'director' and insert 'commissioner'.

   

Mr Paul Burstow
Dr Peter Brand

154

Schedule     1,     page     66,     line     34,     leave out 'director' and insert 'commissioner'.

   

Mr Paul Burstow
Dr Peter Brand

7

Schedule     1,     page     66,     line     34,     at end insert—

'Older Persons' Rights Director

    11.—(1) The Commission shall appoint an older persons' rights director who is to be a member of staff of the Commission.

    (2) The older persons' rights director shall have such functions as may be prescribed.'.

   

Mr Paul Burstow
Dr Peter Brand

157

Schedule     1,     page     68,     line     19,     after 'State', insert 'and Parliament'.

   

Mr Paul Burstow
Dr Peter Brand

158

Schedule     1,     page     68,     line     21,     after 'State', insert 'and Parliament'.

   

Mr John Hutton

273

Schedule     1,     page     69,     line     21,     leave out 'and'.

   

Mr John Hutton

274

Schedule     1,     page     69,     line     25,     at end insert—

      '( ) in paragraph 1 of Schedule 17 (audit of Welsh public bodies), at the end there shall be inserted "(other than the Care Council for Wales)".'.


   

Mr John Hutton

326

Schedule     3,     page     74,     line     5,     at end insert—

'Magistrates' Court Act 1980 (c. 43)

    . In Schedule 6 to the Magistrates' Court Act 1980 (fees), in the entry relating to family proceedings, in the paragraph relating to the Children Act 1989, for "Part X" there shall be substituted "Part XA".'.

   

Mr John Hutton

327

Schedule     3,     page     74,     line     24,     at end insert—

'Income and Corporation Taxes Act 1988 (c.40)

    . In section 155A(6) of the Income and Corporation Taxes Act 1988 (care for children), after "section 71" there shall be inserted "or Part XA".'.

 
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