Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
92
Clause 13, page 10, line 31, leave out 'may' and insert 'shall'.
Tim Loughton
Mr Robert Walter
Mr Henry Bellingham
Mr Jonathan Djanogly
Mr Julian Brazier
93
Clause 13, page 10, line 32, after 'section', insert 'and his department or any other government agency designated by him shall produce an annual report to Parliament detailing such statistics as are deemed relevant and reviewing progress made on the previous annual report.'.
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.'.
Mr Henry Bellingham
124
Clause 53, page 31, line 41, at end add—
'(4) All records and other relevant information must be securely held by the relevant adoption agency on a permanent basis; furthermore, all such information must be passed on to any successor agency.'.
Mr Henry Bellingham
125
Clause 54, page 32, line 15, after 'sections', insert ', but under no circumstances will the birth parents be able to refuse permission to release the original birth certificate.'.
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'.
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).
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).
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.'.
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.'.
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—
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| the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); |
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| his physical, emotional and educational needs; |
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(c) | the likely effect on him (throughout his life) of any changes in his circumstances; |
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(d) | his age, sex, background and any characteristics of his which the court considers relevant; |
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(e) | any harm which he has suffered or is at risk of suffering; |
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(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.
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(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.'. |
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".
ORDER OF THE COMMITTEE (27TH NOVEMBER)
That—
| (1) | during proceedings on the Adoption and Children Bill the Special Standing Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at half-past Nine o'clock and half-past Two o'clock; |
| (2) | 20 sittings in all shall be allotted to the consideration of the Bill by the Committee; |
| (3) | the proceedings to be taken on the sittings shall be as shown in the second column of the Table below and shall be taken in the order so shown; |
| (4) | the proceedings which under paragraph (3) are to be taken on any sitting shall (so far as not previously concluded) be brought to a conclusion at the time specified in the third column of the Table; |
| (5) | paragraph (3) does not prevent proceedings being taken (in the order shown in the second column of the Table) at any earlier sitting that that provided for under paragraph (3) if previous proceedings have already been concluded. |
TABLE
Sitting
| Proceedings
| Time for
conclusion of
proceedings
|
| 27th November | Clause 1, Clauses 17 to 40 and Clauses 50 and 51 | —
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| 27th November | Clause 1, Clauses 17 to 40 and Clauses 50 and 51 | —
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| 29th November | Clauses 1, Clauses 17 to 40 and Clauses 50 and 51 | 11.25 a.m.
|
| 29th November | Clauses 41 to 49 and Clause 52 | 5 p.m.
|
| 4th December | Clauses 94 to 99, Clauses 104 and 105 | —
|
| 4th December | Clauses 94 to 99, Clauses 104 and 105 | 7 p.m.
|
| 6th December | Clauses 63 to 73 | 11.25 a.m.
|
| 6th December | Clauses 80 to 87, Clause 120 and Clause 123 | —
|
| 11th December | Clauses 80 to 87, Clause 120 and Clause 123 | 1 p.m.
|
| 11th December | Clauses 2 to 16, Clauses 115 to 119 and Clause 122 | —
|
| 13th December | Clauses 2 to 16, Clauses 115 to 119 and Clause 122 | —
|
| 13th December | Clauses 2 to 16, Clauses 115 to 119 and Clause 122 | —
|
| 18th December | Clauses 2 to 16, Clauses 115 to 119 and Clause 122 | 1 p.m.
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| 18th December | Clauses 53 to 62, Clause 74, Schedule 1, Clauses 75 and 76, Schedule 2, Clauses 77 to 79 | —
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| 10th January | Clauses 53 to 62, Clause 74, Schedule 1, Clauses 75 and 76, Schedule 2, Clauses 77 to 79 | —
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| 10th January | Clauses 53 to 62, Clause 74, Schedule 1, Clauses 75 and 76, Schedule 2, Clauses 77 to 79 | 5 p.m.
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| 15th January | Clauses 88 to 93 and Clauses 113 and 114 | 1 p.m.
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| 15th January | Clauses 106 to 112, New Clauses and New Schedules relating to Part 2 | —
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| 17th January | Clauses 106 to 112, New Clauses and New Schedules relating to Part 2 | 11.25 a.m.
|
| 17th January | Clauses 100 to 103, Clause 121, Clause 124, Schedules 3 to 5, Clauses 125 to 132, Schedule 6, Clauses 133 to 135, remaining New Clauses and New Schedules | 5 p.m.
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