Amendments proposed to the Children Bill [Lords] - continued	House of Commons
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Social services committees

   

Margaret Hodge

NC23

*To move the following Clause:—

    '(1)   Sections 2 to 5 of the Local Authority Social Services Act 1970 (c.42) (social services committees) shall cease to have effect.

    (2)   In Schedule 1 to that Act (enactments conferring functions assigned to social services committees), for the heading substitute "SOCIAL SERVICES FUNCTIONS".
    (3)   In section 63(8) of the Health Services and Public Health Act 1968 (c.46) (instruction), in paragraph (a) of the definition of "relevant enactments", for the words from "for the time being" to "section 2" substitute "are social services functions within the meaning".

    (4)   In Schedule 1 to the Local Government and Housing Act 1989 (c.42) (political balance on committees), in paragraph 4(1), in paragraph (a) of the definition of "ordinary committee", for the words from "the authority's" to "any other committee" substitute "any committee".

    (5)   In section 102 of the Local Government Act 2000 (c.22) (social services functions)—

(a)	omit subsection (1);

(b)	in subsection (2), for "that Act" substitute "the Local Authority Social Services Act 1970".'

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Publication of material relating to legal proceedings

   

Margaret Hodge

NC24

*To move the following Clause:—

    '(1)   In section 97(2) of the Children Act 1989 (c. 41) (privacy for children involved in certain proceedings), after "publish" insert "to the public at large or any section of the public".

    (2)   In section 12(4) of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private), at the end insert "(and in particular where the publication is not so punishable by reason of being authorised by rules of court)".

    (3)   In section 66 of the Adoption Act 1976 (c. 36) (rules of procedure), after subsection (5) insert—

    "(5A)   Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children."

    (4)   In section 145(1) of the Magistrates' Courts Act 1980 (c. 43) (rules: supplementary), after paragraph (g) insert—

"(ga)

authorising, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to proceedings referred to in section 12(1)(a) of the Administration of Justice Act 1960 which are held in private;".

    (5)   In section 40(4) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (family proceedings rules), in paragraph (a) after "County Courts Act 1984;" insert—

"(aa)

authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private;".

    (6)   In section 141 of the Adoption and Children Act 2002 (c. 38) (rules of procedure) at the end insert—

    "(6)   Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children."

    (7)   In section 76 of the Courts Act 2003 (c. 39) (Family Procedure Rules: further provision) after subsection (2) insert—

    "(2A)   Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private."'

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Disclosure of information by Inland Revenue

   

Margaret Hodge

NC25

*To move the following Clause:—

    '(1)   In Schedule 5 to the Tax Credits Act 2002 (c.21) (use and disclosure of information), after paragraph 10 insert—

"Provision of information by Board for purposes relating to welfare of children

10A

(1)

This paragraph applies to information, other than information relating to a person's income, which is held for the purposes of functions relating to tax credits, child benefit or guardian's allowance—

(a)   by the Board, or

(b)   by a person providing services to the Board, in connection with the provision of those services.

(2)	Information to which this paragraph applies may be supplied to—

(a)   a local authority in England and Wales for use for the purpose of any enquiry or investigation under Part 5 of the Children Act 1989 relating to the welfare of a child;

(b)   a local authority in Scotland for use for the purpose of any enquiry or investigation under Chapter 3 of Part 2 of the Children (Scotland) Act 1995 relating to the welfare of a child;

(c)   an authority in Northern Ireland for use for the purpose of any enquiry or investigation under Part 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) relating to the welfare of a child.

(3)	Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied—

(a)   for the purpose of any enquiry or investigation referred to in sub-paragraph (2) above,

(b)   for the purpose of civil or criminal proceedings, or

(c)   where paragraph (a) or (b) does not apply, to a person to whom the information could be supplied directly by or under the authority of the Board.

(4)	Information may not be supplied under sub-paragraph (3)(b) or (c) without the authority of the Board.

(5)	A person commits an offence if he discloses information supplied to him under this paragraph unless the disclosure is made—

(a)   in accordance with sub-paragraph (3),

(b)   in accordance with an enactment or an order of a court,

(c)   with consent given by or on behalf of the person to whom the information relates, or

(d)   in such a way as to prevent the identification of the person to whom it relates.

(6)	It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he reasonably believed that his disclosure was lawful.

(7)	A person guilty of an offence under sub-paragraph (5) is liable—

(a)   on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both;

(b)   on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both;

(c)   on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(8)	In sub-paragraph (2) "child" means a person under the age of eighteen and—

(a)   in paragraph (a), "local authority" has the meaning given by section 105(1) of the Children Act 1989;

(b)   in paragraph (b), "local authority" has the meaning given by section 93(1) of the Children (Scotland) Act 1995; and

(c)   in paragraph (c), "authority" has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)).

(9)	The reference to an enactment in sub-paragraph (5)(b) includes a reference to an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament."

    (2)   In relation to an offence committed under sub-paragraph (5) of paragraph 10A of Schedule 5 to the Tax Credits Act 2002 (c.21) (as inserted by subsection (1) above) before the commencement of section 154 of the Criminal Justice Act 2003, the reference in sub-paragraph (7)(b) of that paragraph to twelve months shall be read as a reference to six months.'

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Repeals

   

Margaret Hodge

NC26

*To move the following Clause:—

'The enactments specified in Schedule (repeals) are repealed to the extent specified.'

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Functions of Commissioner in Wales

   

Margaret Hodge

NC27

*To move the following Clause:—

    '(1)   The Children's Commissioner has the function of promoting awareness of the views and interests of children in Wales, except in so far as relating to any matter falling within the remit of the Children's Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c.14).

    (2)   Subsections (2) to (9) of section 2 apply in relation to the function of the Children's Commissioner under subsection (1) above as in relation to his function under that section.

    (3)   In discharging his function under subsection (1) above the Children's Commissioner must take account of the views of, and any work undertaken by, the Children's Commissioner for Wales.

    (4)   Where the Children's Commissioner considers that the case of an individual child in Wales raises issues of public policy of relevance to other children, other than issues relating to a matter referred to in subsection (1) above, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

    (5)   Subsections (2) to (7) of section 4 apply in relation to an inquiry under subsection (4) above.

    (6)   Where the Secretary of State considers that the case of an individual child in Wales raises issues of relevance to other children, other than issues relating to a matter referred to in subsection (1) above, he may direct the Children's Commissioner to hold an inquiry into that case.

    (7)   Subsections (2) to (7) of section 5 apply in relation to an inquiry under subsection (6) above.'

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Functions of Commissioner in Scotland

   

Margaret Hodge

NC28

*To move the following Clause:—

    '(1)   The Children's Commissioner has the function of promoting awareness of the views and interests of children in Scotland in relation to reserved matters.

    (2)   Subsections (2) to (9) of section 2 apply in relation to the function of the Children's Commissioner under subsection (1) above as in relation to his function under that section.

    (3)   In discharging his function under subsection (1) above the Children's Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People in Scotland.

    (4)   Where the Children's Commissioner considers that the case of an individual child in Scotland raises issues of public policy of relevance to other children in relation to a reserved matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

    (5)   Subsections (2) to (6A) of section 4 apply in relation to an inquiry under subsection (4) above.

    (6)   Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (c.65) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children's Commissioner for references to the person appointed to hold the inquiry.

    (7)   Where the Secretary of State considers that the case of an individual child in Scotland raises issues of relevance to other children in relation to a reserved matter, he may direct the Children's Commissioner to hold an inquiry into that case.

    (8)   Subsections (2) to (6) of section 5 apply in relation to an inquiry under subsection (7) above.

    (9)   Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act 1973 (c.65) apply for the purposes of an inquiry under subsection (7) above with the substitution (notwithstanding the provisions of section 53 of the Scotland Act 1998 (c.46) (general transfer of functions to the Scottish Ministers)) of references to the Secretary of State for references to the Minister.

    (10)   In this section, "reserved matter" has the same meaning as in the Scotland Act 1998 (c.46) (see section 30 of and Schedule 5 to that Act).'

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Prepared 8 Oct 2004