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7.15 pm
If the advert came from the European Union, however, the EU e-commerce directive would apply and the rules of the country of origin should apply to internet advertising. Although we may not be able to prosecute, we could certainly take up the issue with the relevant country to ensure that controls are in place.
Mr. Walter: The Minister is probably too young to remember the Marine, &c., Broadcasting (Offences) Act 1967, which covered similar concerns that the Government had about advertising coming into the United Kingdom from outside our frontiers, promoting products available in the United Kingdom and influencing consumer decisions in the marketplace. That legislation was singularly ineffective: such radio stations continued to broadcast for some 30 years after its implementation.
Will the Minister tell us whether an advert for a child or an adoption facility could be placed on the internet and someone could take up that advertisement and totally
comply with the Adoption (Intercountry Aspects) Act 1999 and the Bill, so that the adoption itself was legal although the advertisement that started the process was illegal?
Jacqui Smith: The hon. Gentleman is right—I was not even at nursery school when that Act was considered. He makes an important point about whether an illegal advert would necessarily lead to an illegal adoption, but I suggest to him that of course hon. Members are right to be concerned about the extent of our legal powers to control advertising on the internet, but advertising—albeit unsavoury—is but the first part of a process that could lead to an illegal adoption. Important safeguards have been included and strengthened in the legislation: for example, international adverts might be significant in relation to inter-country adoption, and we have put in place the necessary safeguards to ensure that children are protected and that adoptions cannot take place on the basis of dodgy procedures.
My hon. Friend the Member for Chatham and Aylesford (Jonathan Shaw) rightly emphasised the importance of adoption support. We have had discussions about such support in considering the Bill. All hon. Members recognise the fact, which my hon. Friend ably identified during his contribution, that adoption support services are important not only because they support individual families, prospective adopters and children, but because if people know that they can gain access to those services it can have a positive effect on their willingness to come forward to undertake adoption. For both those reasons, not only is the overall framework that we are developing important, but so is the fact that we are bringing forward that provision earlier.
As I suggested, I shall skip through some of the other Government amendments. Amendments Nos. 295 to 297 alter schedule 3 and make minor and consequential changes to the Marriage Act 1949 to determine and clarify who can consent to the marriage of a child under 18. As amended, the paragraphs also take account of adoption placements and special guardianship orders.
Amendment No. 274 corrects a reference in paragraph 23 to schedule 3 which should refer to clause 86, not clause 83. Amendment No. 275 also amends schedule 3 to ensure that orders made under clause 25 are recognised in Scotland and Northern Ireland under section 25 of the Family Law Act 1986. Amendment No. 276 provides that a court in England and Wales cannot make an order under clause 25, including orders varying or revoking a clause 25 order, unless the child is habitually resident or present in England or Wales.
Amendments Nos. 264 and 268 are consequential on the amendments to care plans. Amendment No. 269 amends paragraph 97 of schedule 3, and paragraph 97 amends section 14(2) of the Care Standards Act 2000. We have concluded that the Bill does not go far enough to deal with adoption offences, all of which can be serious, so we have decided that the offences in the Bill and the regulations made under it, as well as the offences in regulations made under section 1(3) of the Adoption (Intercountry Aspects) Act 1999, should be relevant for determining whether to cancel the registration of an establishment or agency under part II of the 2000 Act, and that is what the amendment delivers.
Amendment No. 277 is a technical amendment to paragraph 4 of schedule 4. It ensures that when the Adoption Act 1976 is repealed, an adoption agency in
England or Wales that is at that time under a duty to provide a progress report to former parents, continues to have that duty. Amendment No. 300 is consequential on amendments to clause 84, which deals with overseas adoptions.Amendments Nos. 248 and 249 define "enactment", thereby ensuring clarity of that term in clause 131. Amendments Nos. 257 and 258, together with amendments Nos. 254 and 255, which were discussed on Thursday and earlier today, ensure that references to the word "prescribed" are consistent. The overall approach taken to the use of that term is that in the majority of cases it is obvious from the context whether it means in regulations, rules or an order. However, where that is not the case, the provision informs us of what "prescribed" means. Amendments Nos. 228 and 229 are consequential on amendments Nos. 191 and 192, which were also taken on Thursday. They deal with the relationship between placement orders and orders made under section 8 of the 1989 Act.
Amendments Nos. 238 and 242 alter clause 135, which relates to commencement. Amendment No. 238 amends subsection (1) to enable clause 124 and new clause 7 to come into force when the Bill receives Royal Assent. Clause 124 amends section 93 of the Local Government Act 2000, enabling grants to be paid to support local authorities, for example to pilot new ways of working in the innovative commissioning of children's services and consortium arrangements. We want to be able to make grants to local authorities for use in the current financial year, which is why we want the provision to commence from the day on which the Bill receives Royal Assent.
New clause 7 amends section 17 of the 1989 Act, which deals with the provision of accommodation by local authorities for children in need. Given what we said about the importance of the new clause to clearing up the lack of clarity that surrounds the responsibilities of local authorities, it is also vital that that commences when the Bill receives Royal Assent.
The group of amendments is large and technical, but it does include important provisions to ensure that the Bill works properly. They provide clarity and ensure that the provisions can be commenced and implemented appropriately. On that basis, I hope that hon. Members accept them.
Mr. Deputy Speaker: I may have inadvertently misled the House about amendment No. 322. The amendment, which was starred on Thursday 16 May and therefore could not be selected that day, falls within the ambit of the group led by amendment No. 270, which relates to Northern Ireland, Scotland, the Isle of Man and the Channel Islands. That group was debated on Thursday 16 May not on 20 March, as I said earlier. Amendment No. 322 will be put formally this evening.
Schedule 3
Amendments made: No. 295, in page 82, leave out lines 15 to 43 and insert—
'2 In subsection (1) for "person or persons specified in subsection (1A) of this section" there is substituted "appropriate persons".
3 For subsection (1A) there is substituted—
"(1A) The appropriate persons are—
(a) if none of paragraphs (b) to (h) apply, each of the following—
(i) any parent of the child who has parental responsibility for him; and
(ii) any guardian of the child;
(b) where a special guardianship order is in force with respect to a child, each of the child's special guardians, unless any of paragraphs (c) to (g) applies;
(c) where a care order has effect with respect to the child, the local authority designated in the order, and each parent, guardian or special guardian (insofar as their parental responsibility has not been restricted under section 33(3) of the Children Act 1989), unless paragraph (e) applies;
(d) where a residence order has effect with respect to the child, the persons with whom the child lives, or is to live, as a result of the order, unless paragraph (e) applies;
(e) where an adoption agency is authorised to place the child for adoption under section 18 of the Adoption and Children Act 2002, that agency or, where a care order has effect with respect to the child, the local authority designated in the order;
(f) where a placement order is in force with respect to the child, the appropriate local authority;
(g) where a child has been placed for adoption with prospective adopters, the prospective adopters (insofar as their parental responsibility has not been restricted under section 24(4) of the Adoption and Children Act 2002), in addition to those persons specified in paragraph (e) or (f);
(h) where none of paragraphs (b) to (g) apply but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the persons with whom he lived, or was to live, as a result of the order.".'.
No. 296, in page 83, line 6, leave out "by an adoption agency".
No. 297, in page 83, line 11, leave out from "adoption" to end of line 12.
No. 35, in page 84, line 8, leave out "or" and insert—
'sections 1 or 2(4) of the Adoption (Intercountry Aspects) Act 1999 or'.
No. 36, in page 84, line 14, at end insert—
'( ) in the entry relating to the Adoption (Intercountry Aspects) Act 1999—
(i) in the first column, for "Section" there is substituted "Sections 1 and",
(ii) in the second column, for "Article 9(a) to (c) of" there is substituted "regulations made under section 1 giving effect to" and at the end there is inserted "and functions under Article 9(a) to (c) of the Convention"'.
No. 313, in page 85, line 12, at end insert—
'20A In section 11 (restriction on arranging adoptions and placing of children)—
(a) in subsection (2)—
(i) for paragraph (a) there is substituted—
"(a) a registered adoption society (within the meaning of section 2(2) of the Adoption and Children Act 2002)"; and
(ii) for "section 1" there is substituted "section 3(1)", and
(b) after subsection (2) there is inserted—
"(2A) In relation to the provision of any particular service by an adoption society, the reference in subsection (2)(a) to a registered adoption society does not include a voluntary organisation unless it
20 May 2002 : Column 83 is registered under Part 2 of the Care Standards Act 2000 in respect of that service or a service which, in England, corresponds to that service."
20B In section 16 (parental agreement to adoption order)—
(a) in subsection (1)—
(i) in paragraph (a), sub-paragraph (ii) is omitted, and
(ii) after paragraph (a) there is inserted—
"(aa) each parent or guardian of the child has consented under section 19 of the Adoption and Children Act 2002 (advance consent to adoption), has not withdrawn the consent and does not oppose the making of the adoption order;
(ab) subsection (3A) applies and no parent or guardian of the child opposes the making of the adoption order", and
(b) after subsection (3) there is inserted—
"(3A) This subsection applies where—
(a) the child has been placed for adoption by an adoption agency (within the meaning of section 2(1) of the Adoption and Children Act 2002) with the prospective adopters in whose favour the adoption order is proposed to be made; and
(b) the child was placed for adoption—
(i) under section 18 of that Act (placing children with parental consent) with the consent of each parent or guardian and the consent of the mother was given when the child was at least six weeks old; or
(ii) under an order made under section 20 of that Act (placement orders) and the child was at least six weeks old when that order was made.
(3B) A parent or guardian may not oppose the making of an adoption order under subsection (1)(aa) or (ab) without the leave of the court.
(3C) The court shall not give leave under subsection (3B) unless satisfied that there has been a change of circumstances since the consent of the parent or guardian was given or, as the case may be, the order under section 20 of that Act was made.
(3D) The withdrawal of—
(a) any consent to the placement of a child for adoption—
(i) under section 18; or
(ii) under an order made under section 20,
of the Adoption and Children Act 2002; or
(b) any consent given under section 19 of that Act,
is ineffective if it is given after an application for an adoption order is made.".'
No. 274, in page 85, line 28, leave out "83" and insert "86(2)".
No. 314, in page 85, line 32, at end insert—
'24A Section 52 (restriction on advertisements) is omitted.
24B In section 53 (effect of determination and orders made in England and Wales and overseas in adoption proceedings), in subsection (2), the words "England and Wales or" are omitted.
24C After section 53 there is inserted—
"53A Effect of certain orders made in England and Wales
(1) An adoption order (within the meaning of section 44(1) of the Adoption and Children Act 2002) has effect in Scotland as it has in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.
(2) An order made under section 20 of that Act (placement orders), and the variation or revocation of such an order under section 22 or 23 of that Act, have effect in Scotland as they have in England and Wales but as if any reference to the parental responsibility for the child were to the parental responsibilities and parental rights in relation to the child.
20 May 2002 : Column 84
53B Effect of placing for adoption etc. under Adoption and Children Act 2002
(1) If—
(a) a child is placed for adoption under section 18 of the Adoption and Children Act 2002 (placing children with parental consent); or
(b) an adoption agency is authorised to place a child for adoption under that section,
sections 24 (parental responsibility) and 27(2) to (4) (further consequences of placement) of that Act have effect in Scotland as they have in England and Wales but with the modifications specified in subsection (2).
(2) Those modifications are—
(a) in section 24, any reference to the parental responsibility for the child is to be read as a reference to the parental responsibilities and parental rights in relation to the child; and
(b) in section 27(2), the reference to the court is to be read as a reference to the authorised court.
53C Further consequences of placement and placement orders
(1) Subsection (2) applies where—
(a) a child is placed for adoption under section 18 of the Adoption and Children Act 2002 (placing children with parental consent); or
(b) an adoption agency is authorised to place the child for adoption under that section.
(2) No order under subsection (1) of section 11 of the Children (Scotland) Act 1995 (court orders relating to parental responsibilities etc.) of a kind referred to in subsection (2)(c) (residence orders) of that section may be made in respect of the child.
(3) On the making of an order under section 20 of the Adoption and Children Act 2002 (a "placement order") in respect of a child, any order under subsection (1) of section 11 of the Children (Scotland) Act 1995 of a kind referred to in subsection (2)(c) to (f) (residence orders, contact orders, specific issue orders and interdicts in relation to parental responsibilities) of that section in respect of the child ceases to have effect.
(4) Where a placement order is in force—
(a) no such order as is referred to in subsection (3) of this section; and
(b) no order under section 55 of the Children (Scotland) Act 1995 (child assessment orders),
may be made in respect of the child.".'
No. 307, in page 85, line 35, at end insert—
'25B In section 60 (orders, rules and regulations), after subsection (3) there is inserted—
"(3A) An order under section 65(2) shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.".'.
No. 315, in page 85, line 35, at end insert—
'25A In section 59 (rules of procedure)—
(a) in subsection (2)—
(i) for the words from "in relation to" to "adoption", where it secondly occurs, there is substituted "(except where an order has been made freeing the child for adoption)"; and
(ii) for the words from "every" to "Act" there is substituted "any person mentioned in subsection (2A)"; and
(b) after subsection (2) there is inserted—
"(2A) The persons referred to in subsection (2) are—
(a) every person who can be found and whose agreement or consent to the making of the order is required to be given or dispensed with under this Act or, if no such person can be found, any relative prescribed by the rules who can be found;
20 May 2002 : Column 85 (b) every person who has consented to the making of the order under section 19 of the Adoption and Children Act 2002 (and has not withdrawn the consent) unless he has given a notice under subsection (4)(a) of that section which has effect;
(c) every person who, if leave were given under section 16(3B), would be entitled to oppose the making of the order.".'.
No. 316, in page 86, leave out lines 4 to 7.
No. 317, in page 86, line 7, at end insert—
', and
( ) in the definition of "order freeing a child for adoption", paragraph (a) and the word "and" immediately following that paragraph are omitted.'
No. 64, in page 86, line 16, leave out from "proceedings)" to end of line 18 and insert—
'(a) in subsection (1), "(other than proceedings under the Adoption Act 1976)" is omitted,
(b) in subsection (2)—
(i) for "the Adoption Act 1976" there is substituted "the Adoption and Children Act 2002",
(ii) the words following "(a) and (b)" are omitted.'.
No. 40, in page 86, leave out lines 26 to 29.
No. 275, in page 88, line 39, at end insert—
'(ab) an order made under section 25 of the Adoption and Children Act 2002 (contact), other than an order varying or revoking such an order'.
No. 276, in page 88, line 43, at end insert—
'(2B) A court in England and Wales shall not have jurisdiction to make an order under section 25 of the Adoption and Children Act 2002 unless the condition in section 3 of this Act is satisfied'.
No. 322, in page 89, line 15, at end insert—
45A In Article 2(2) (interpretation), in the definition of "prescribed" for "Articles 54" there is substituted "Articles 53(3B) and (3D), 54".'—[Jacqui Smith.]
Jacqui Smith: I beg to move amendment No. 106, in page 89, line 23, at end insert—
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