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Mr. Brazier: I thank the Minister for giving way. We have no time at all to debate this important group of amendments. Does she accept that under the current
provision, with the Government's amendments, a child could in theory be placed with families over and over again following disruptions prior to an adoption order, without any court overview or input of any kind from an independent representative for the child, such as a guardian ad litem?
Jacqui Smith: I will come to that issue in a moment. I want to emphasise our concern about introducing the courts into the situation when we all believe that we need to bear down on delay.
Mr. Dawson: Will my hon. Friend give way?
Jacqui Smith: No, I will not. I want to respond to the point made by the hon. Member for Canterbury (Mr. Brazier). Conservative Members were concerned in their amendments about ensuring that placement orders were more specific. I do not agree with the hon. Gentleman's contention that we need to move away from the general placement order, which has received widespread support in consultations, to what I suspect he is suggesting—namely, the necessity to return to court every time a placement breaks down. That proposal does not recognise that a placement order is about determining whether placement for adoption is right for that child, rather than determining a particular placement. It would also ensure that delay would be brought into the system—the hon. Gentleman earlier rightly urged us to bear down on delay—because, by necessity, if a placement unfortunately broke down, instead of a local authority being able to place the child in another placement, it would have to return to court—
It being 3.45 pm, Mr. Deputy Speaker proceeded, pursuant to Order [this day] to put forthwith the Questions necessary to dispose of the proceedings to be concluded at that hour.
Amendment made: No. 164, in page 2, line 38, leave out paragraph (c).—[Jim Fitzpatrick.]
Amendments made: No. 165, in page 12, line 19, leave out "only" and insert—
'except in the case of a child who is less than six weeks old, may only do so'.
No. 166, in page 12, line 20, after "is" insert "placed or".
No. 167, in page 12, line 21, leave out "to be treated as".
No. 168, in page 12, line 21, leave out from second "authority" to end of line 22.
No. 169, in page 12, line 36, at end insert—
'( ) References in this Chapter to an adoption agency being, or not being, authorised to place a child for adoption are to the agency being or (as the case may be) not being authorised to do so under section 18 or a placement order'.—[Jim Fitzpatrick.]
Clause 18
Amendment made: No. 170, in page 13, line 16, at end insert—
'or
( ) a care order or placement order has been made after the consent was given'.—[Jim Fitzpatrick.]
Clause 19
Amendment made: No. 111, in page 13, line 35, leave out "wishes" and insert "does not wish".—[Jim Fitzpatrick.]
Clause 20
Amendments made: No. 172, in page 14, line 6, leave out "or".
No. 173, in page 14, line 8, at end insert—
'or
( ) the child has no parent or guardian'.—[Jim Fitzpatrick.]
Clause 21
Amendments made: No. 174, in page 14, line 27, at beginning insert—
'the child has no parent or guardian or'.
No. 290, in page 15, line 3, leave out "to be treated as".—[Jim Fitzpatrick.]
Clause 23
Amendments made: No. 175, in page 15, line 32, after "than" insert "the child or".
No. 176, in page 15, line 33, leave out from "unless" to end of line 34.
No. 177, in page 15, line 35, at end insert "and".
No. 178, in page 15, line 37, leave out paragraph (c).
No. 179, in page 15, line 40, at end insert—
'( ) If the court determines, on an application for an adoption order, not to make the order, it may revoke any placement order in respect of the child'.—[Jim Fitzpatrick.]
Clause 25
Amendments made: No. 180, in page 16, line 15, after second "adoption" insert—
'or placing a child for adoption who is less than six weeks old'.
No. 181, in page 16, line 17, at end insert—
'or a child who has been placed for adoption is less than six weeks old'.
No. 182, in page 16, line 20, leave out paragraph (b) and insert—
'(b) the court may make an order under this section requiring the person with whom the child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for the person named in the order and the child otherwise to have contact with each other'.
No. 183, in page 16, line 22, leave out "The application" and insert—
'An application for an order under this section'.
No. 184, in page 16, line 32, leave out subsections (4) and (5).
No. 185, in page 16, line 42, leave out from "section" to end of line 43.
No. 186, in page 16, line 43, at end insert—
'( ) This section does not prevent an application for a contact order under section 8 of the 1989 Act being made where the application is to be heard together with an application for an adoption order in respect of the child'.—[Jim Fitzpatrick.]
Clause 26
Amendments made: No. 187, in page 17, line 7, after "adoption" insert—
'or the child is less than six weeks old'.
No. 188, in page 17, line 25, leave out "affording" and insert "allowing".
No. 189, in page 17, line 28, leave out "affording" and insert "allowing".
No. 190, in page 17, line 31, leave out "that section" insert "section 25".—[Jim Fitzpatrick.]
Clause 27
Amendment made: No. 291, in page 17, line 36, at end insert—
'unless an application for an adoption order has been made and the parent or guardian has obtained the court's leave under subsection (3) or (5) of section 45,
(b) if an application has been made for an adoption order, a guardian of the child may not apply for a special guardianship order unless he has obtained the court's leave under subsection (3) or (5) of that section.'.—[Jim Fitzpatrick.]
Clause 28
Amendments made: No. 191, in page 18, line 15, after "no" insert "prohibited steps order".
No. 192, in page 18, line 15, after "order" insert "or specific issue order".
No. 193, in page 18, line 17, at end insert—
'( ) Subsection (3)(a) does not apply in respect of a residence order if—
(a) an application for an adoption order has been made in respect of the child, and
(b) the residence order is applied for by a parent or guardian who has obtained the court's leave under subsection (3) or (5) of section 45 or by any other person who has obtained the court's leave under this subsection'.
No. 292, in page 18, line 17, at end insert—
'(3B) Where a placement order is in force, no special guardianship order may be made in respect of the child unless—
(a) an application has been made for an adoption order, and
(b) the person applying for the special guardianship order has obtained the court's leave under this subsection or, if he is a guardian of the child, has obtained the court's leave under section 45(5).
(3C) Section 14A(7) of the 1989 Act applies in respect of an application for a special guardianship order for which leave has been given as mentioned in subsection (3B)(b) with the omission of the words "the beginning of the period of three months ending with".
(3D) Where a placement order is in force—
(a) section 14C(1)(b) of the 1989 Act (special guardianship: parental responsibility) has effect subject to any determination under section 24(4) of this Act,
(b) section 14C(3) and (4) of the 1989 Act (special guardianship: removal of child from UK etc.) does not apply.'.—[Jim Fitzpatrick.]
Clause 29
Amendments made: No. 194, in page 18, line 20, at end insert—
'or—
( ) a child who has been placed for adoption by an adoption agency is less than six weeks old'.
No. 195, in page 18, line 26, leave out from "authority" to "have" in line 27.
No. 196, in page 18, line 39, at end insert—
'but those sections do not apply if the child is subject to a care order'.—[Jim Fitzpatrick.]
Clause 30
Amendments made: No. 197, in page 19, line 16, at end insert—
'or a child who has been placed for adoption is less than six weeks old'.
No. 198, in page 19, line 19, leave out from "him" to end of line 22.
No. 199, in page 19, line 23, leave out "14" and insert "seven".
No. 200, in page 19, line 24, at end insert—
'unless an application is, or has been, made for a placement order and the application has not been disposed of'.
No. 201, in page 19, line 25, leave out subsection (3).—[Jim Fitzpatrick.]
Clause 31
Amendments made: No. 202, in page 19, line 32, at end insert "and".
No. 203, in page 19, line 33, leave out from "withdrawn" to end of line 35 and insert—
'unless an application is, or has been, made for a placement order and the application has not been disposed of'.
No. 204, in page 20, line 5, after "order)" insert "special guardianship order".
No. 205, in page 20, line 6, after "a" insert "special guardianship order or".
No. 206, in page 20, line 9, after "a" insert "special guardianship order or".—[Jim Fitzpatrick.]
Clause 34
Amendments made: No. 207, in page 21, line 38, after "order)" insert "special guardianship order".
No. 208, in page 21, line 39, after "a" insert "special guardianship order or".
No. 209, in page 21, line 42, after "a" insert "special guardianship order or".—[Jim Fitzpatrick.]
Clause 40
Amendments made: No. 210, in page 24, line 16, at end insert—
'or
( ) that a person has failed to comply with section 31(2), 32(2), 33(3) or 34(2)'.
No. 250, in page 25, line 5, leave out from "1911" to "(false" in line 6.
No. 251, in page 25, line 15, leave out paragraph (b).—[Jim Fitzpatrick.]
Clause 41
Jacqui Smith: I beg to move amendment No. 211, in page 25, line 25, after "Court" insert "or
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