Amendments proposed to the Children Bill [Lords] - continued	House of Commons
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Duty of school governing body in relation to pupils in public care

   

Annette Brooke
Mr Phil Willis
Mr Roger Williams

NC16

To move the following Clause:—

       'The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a teacher to act as a resource and advocate for children and young people in public care.'.

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Duty of school governing body in relation to pupils in public care (No. 2)

   

Annette Brooke
Mr Phil Willis
Mr Roger Williams

NC17

To move the following Clause:—

       'Governing bodies of schools maintained by local authorities, academies, city colleges and independent schools must—

(a)	co-operate with the children's service authority covering the area in which they are located to improve the well-being of children for whom they are responsible, and

(b)	ensure that the welfare of children for whom they are responsible is safeguarded and promoted.'.

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Extension of the powers of the Children's Commissioner for Wales

   

Julie Morgan
Hywel Williams

NC18

To move the following Clause:—

    '(1)   Section 75A of the Care Standards Act 2000 (additional power of consideration and representation) is amended as follows.

       Leave out subsections (1) and (2) and insert—

"( )	The Commissioner may consider, and make representations about any matter affecting the rights and welfare of children in Wales to—

(a)	the Assembly, and

(b)	where the matter is not devolved and the Commissioner considers it appropriate, the responsible United Kingdom Minister of the Crown or government department.".'.

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Non-availability of the United Kingdom Youth Parliament

   

Mr Andrew Turner

NC19

To move the following Clause:—

       'If in relation to any responsibility under this Part the United Kingdom Youth Parliament is not able to act, the Secretary of State shall nominate a similar body largely representative (by election) of and comprised of persons under the age of 18.'.

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Requirement to review the working of the effect of the creation of a UK children's commissioner on the function of the existing commissioners in the nations of the UK

   

Hywel Williams

NC33

*To move the following Clause:—¸

    '(1)   Each of the Children's Commissioners in the UK shall monitor the effect of having more than one Children's Commissioner operating in their nation simultaneously.

    (2)   Each of the Children's Commissioners shall make reports to the Secretary of State, the National Assembly, Scottish Parliament and the Northern Ireland Assembly on the findings of the provisions specified in section 1(a) and (b) above and in accordance with the following provisions of this section.

    (3)   The report shall, in particular, consider the impact of having more than one Children's Commissioner representing children in Wales, Scotland and Northern Ireland, including—

(a)	the overall level of understanding of children in the UK nations as to the division of responsibility between the different Commissioners representing them;

(b)	the effectiveness and role of the Children's Commissioner for Wales, the Commissioner for Children and Young People in Scotland and the Commissioner for Children and Young People in Northern Ireland; and

(c)	any evidence of duplication in work undertaken by the commissioners.

    (4)   The reports under this section shall be made as soon as practicable after the second anniversary of the coming into force of Part 1 of this Act.

    (5)   In producing a report under this section the Children's Commissioners shall consult—

(a)

children;

(b)	representatives of organisations concerned with children's rights and interests; and

(c)	the Welsh Assembly, the Scottish Parliament and the Northern Ireland Assembly.

    (6)   A Report under this section—

(a)	shall include the views of the Children's Commissioner on the adequacy and effectiveness of this part; and

(b)	may contain recommendations to amend this Act.

    (7)   The Secretary of State shall lay a copy of every report sent to him under this section before each House of Parliament.'.

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Provision of services

   

Hywel Williams

NC34

*To move the following Clause:—

    '(1)   The National Assembly for Wales may direct a local authority—

(a)	to provide for children's play needs;

(b)	to secure the provision to meet children's play needs;

(c)	to participate in the provision to meet children's play needs.

(2)

In this section "provision to meet children's play needs" means services which in the opinion of the National Assembly will extend the range of environments and opportunities available for children's play, ensuring that all children have access to rich stimulating environments, free from inappropriate risk, and full of challenge, thereby offering them the opportunity to explore through freely chosen play both themselves and the world.

    (3)   In this section "children" means persons under the age of 18.

    (4)   A direction under subsection (1)—

(a)	may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions);

(b)	may require local authorities to have regard to guidance issued by the National Assembly; and

(c)	may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.

    (5)   A direction under subsection (1)—

(a)	may relate to a particular class of child;

(b)	may make different provision for different classes of children;

(c)	may be revoked or varied by a later direction.'.

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Review of exercise of functions of Assembly and other persons

   

Hywel Williams

NC35

*To move the following Clause:—

    '( )   Section 72B of the Care Standards Act 2000 (c. 14) (review of exercise of functions of Assembly and other persons) is amended as follows.

    ( )   In subsection (3), omit paragraphs (a) and (c)

    ( )   Omit subsections (4) and (6).'.

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Power of consideration and representation by Commissioner

   

Mr Roger Williams

NC36

*To move the following Clause:—

    '(1)   Section 75A of the Care Standards Act 2000 (c. 14) (additional power of consideration and representation) is amended as follows.

    (2)   Omit subsections (1) and (2) and insert—

    "( )   The Commissioner may consider, and make representations about any matter affecting the rights and welfare of children in Wales to—

(a)	the Assembly, and

(b)	where the matter is not devolved and the Commissioner considers it appropriate, to the responsible United Kingdom Minister of the Crown or government department.".'.

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Mr Andrew Turner

122

Schedule     1,     page     36,     line     17,     at end insert—

    '(2A)   The availability or exercise of any power under this schedule shall not disbar the Local Government Ombudsman from considering a complaint about the performance of a local authority.'.

   

Mr Andrew Turner

119

Schedule     1,     page     36,     line     19,     after 'by', insert 'the United Kingdom Youth Parliament after consultation with'.

   

Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
Mr Hilton Dawson
Annette Brooke
Mr Phil Willis

Mr Roger Williams

6

Schedule     1,     page     36,     line     19,     at end insert—

    '(1A)   The Secretary of State must take reasonable steps to involve children and representatives of childrens' organisations in the process of appointment of the Commissioner'.

   

Hywel Williams

191

*Schedule     1,     page     36,     line     19,     at end insert—

    '( )   The Secretary of State must take reasonable steps to involve—

(a)	children from the areas which the commissioner serves; and

(b)	such organisations concerned with children's rights and interests as he considers appropriate,

in the process of appointment of the Commissioner.'.

   

Mr Andrew Turner

120

Schedule     1,     page     36,     line     22,     after 'by', insert 'the United Kingdom Youth Parliament with the agreement of'.

   

Mr Hilton Dawson

58

Schedule     1,     page     36,     line     24,     at end insert—

    '(3A)   During this time both the Commissioner and the Secretary of State will be responsible for ensuring that the children of England will be able to scrutinise and evaluate the performance of the Commissioner on their behalf.'.

   

Hywel Williams

192

*Schedule     1,     page     36,     line     24,     at end insert—

    '(3A)   During this time both the Commissioner and the Secretary of State will be responsible for ensuring that the children that fall within the remit of the Commissioner will be able to scrutinise and evaluate the performance of the commissioner on their behalf.'.

   

Mr Andrew Turner

121

Schedule     1,     page     36,     line     29,     after 'State', insert ', subject to the agreement of the United Kingdom Youth Parliament,'.

   

Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley

7

Schedule     1,     page     36,     line     32,     at end insert—

       'or,

(c)	significantly failed in the discharge of any of his functions'.

   

Mr Andrew Turner

123

Schedule     1,     page     37,     line     30,     leave out paragraph 7.

Prepared 8 Oct 2004