Amendments proposed to the Adoption and Children Bill - continued	House of Commons
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Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

55

Clause     115,     page     65,     line     3,     leave out 'may' and insert 'shall'.

   

Mr Jonathan Djanogly

78

     Clause     115,     page     65,     line     9,     leave out 'may' and insert 'shall'.

   

Mr Jonathan Djanogly

89

Clause     115,     page     65,     line     9,     after 'disclosed', insert 'in each case written 1 month of suitability being ascertained.'.

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Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

52

Clause     57,     page     32,     line     37,     leave out 'As soon as practicable after the making of an adoption order' and insert 'At the time of making'.

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Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

6

Clause     58,     page     33,     line     15,     leave out subsection (4).

   

Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

7

Clause     58,     page     33,     line     20,     leave out subsection (6).

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Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier

8

Clause     59,     page     33,     line     31,     leave out subsection (3).

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Mr Andrew Turner

11

Clause     126,     page     70,     line     20,     at end insert—

    '( )   In the case of an application for a placement order, for the variation or revocation of such an order, or for an adoption order, the rules must require that the court or adoption agency make available to the legal representatives of the parent or guardian of any child subject to such an application all records used by the court or adoption agency in relation to that proceeding.'.

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REMAINING NEW CLAUSES

Interviews with children

   

Mr Andrew Turner

NC1

To move the following Clause—

    '   In the case of an application for a placement order, for the variation or revocation of such an order, or for an adoption order, no interview which is conducted with a child shall be relied upon in proceedings unless supported by a video or audio recording of that interview.'.

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Considerations applying to the exercise of powers

   

Tim Loughton
Mr Julian Brazier
Mr Henry Bellingham
Mr Robert Walter
Mr Jonathan Djanogly

NC2

     To move the following Clause:—

    '(1)   This section applies whenever a court or adoption agency is coming to a decision relating to the adoption of a child other than in proceedings under Part IV of the Children Act 1989.

    (2)   The child's welfare throughout his life shall be the paramount consideration.

    (3)   At all times when any question with respect to the adoption of a child arises, the court or adoption agency shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

    (4)   The court or adoption agency shall have regard in particular to—

(a)   the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b)   his physical, emotional and educational needs;

(c)   the likely effect on him (throughout his life) of any changes in his circumstances;

(d)   his age, sex, background and any characteristics of his which the court considers relevant;

(e)   any harm which he has suffered or is at risk of suffering;

(f)   the relationship which the child has with relatives (including mother, father, siblings or half-siblings) and any other person in relation to whom the court or adoption agency considers the relationship (legal or otherwise) to be relevant, including:

(i)   the likelihood of any such relationship continuing and the value to the child of its doing so,

(ii)   the capability of any such person to meet the child's needs,

(iii)   the wishes and feelings of any such person regarding the child.

(g)   the range of powers available under this Act and under the Children Act 1989 and the principle that the court shall not make any order unless it considers that making the order would be better for the child than not doing so.

    (5)   In placing the child for adoption, the adoption agency must give due consideration to the child's religious persuasion, racial origin and cultural and linguistic background, subject to the proviso that such consideration shall be secondary to the matters to be considered in subsections (2) and (3).

    (6)   In this section, "coming to a decision relating to the adoption of a child" in relation to a court includes—

(a)   coming to a decision in any proceedings other than those under Part IV of the Children Act 1989 where the orders that might be made by the court include an adoption order or placement order or the revocation of a placement order or an order dispensing with parental consent,

(b)   coming to a decision about granting leave in respect of any action which may be taken by an adoption agency or individual under this Act other than the initiation of proceedings in any court.'.

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EXCERPT FROM THE ORDER OF THE HOUSE

Proceedings in Special Standing Committee

    3.—(1)   Proceedings in the Special Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 17th January 2002.

    (2)   Standing Order No. 91(1) (Special standing committees) shall apply with the omission of the word "morning".

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Prepared 27 Nov 2001