S.C.B.
Amendment Paper as at
Tuesday 12th October 2004
STANDING COMMITTEE B
New Amendments handed in are marked thus *
CHILDREN BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee.
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 11th October (Sessional Order C relating to Programming):
That—
(1) during proceedings on the Children Bill [Lords] the Standing Committee shall (in addition to its first meeting on Tuesday 12th October at 9.25 am) meet on—
| (a) | Tuesday 12th October at 2.30 pm, |
| (b) | Thursday 14th October at 8.55 am and 2.30 pm, |
| (c) | Tuesday 19th October at 8.55 am and 2.30 pm, |
| (d) | Thursday 21st October at 8.55 am and 2.30 pm. |
(2) the proceedings shall be taken in the following Order—
| | Clause 1, Schedule 1, Clauses 2 to 14, Schedule 2, Clauses 15 to 34, Schedule 3, Clauses 35 to 41, Schedule 4, Clauses 42 to 56, New Clauses and new Schedules, Remaining proceedings on the Bill. |
(3) the proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 5.00 pm on Thursday 21st October.
Margaret Hodge has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Sessional Order C(9) relating to Programming].
Mr Hilton Dawson
Annette Brooke
Mr Phil Willis
Mr Roger Williams
52
Clause 1, page 1, line 4, after 'Children's', insert 'Rights'.
Mr Andrew Turner
122
Schedule 1, page 36, line 17, at end insert—
'(3) 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
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.
Hywel Williams
194
Schedule 1, page 37, line 31, leave out from beginning to 'appropriate' in line 32 and insert 'with regards to any expenditure incurred by virtue of this Act'.
Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
Mr Hilton Dawson
Annette Brooke
Mr Phil Willis
5
Schedule 1, page 37, line 31, leave out 'and on such conditions (if any)'.
Mr Andrew Turner
124
Schedule 1, page 37, line 37, after 'to', insert 'the United Kingdom Youth Parliament,'.
Mr Andrew Turner
125
Schedule 1, page 38, line 34, at end add—
'14 The Secretary of State shall by regulation provide that the Children's Commissioner and members of staff of the Children's Commissioner shall be disqualified from membership of the National Assembly for Wales and the Scottish Parliament.'.
Margaret Hodge
163
Clause 2, page 1, line 7, leave out from 'promoting' to 'and' in line 8 and insert 'awareness of the views'.
Mr Andrew Turner
127
Clause 2, page 1, line 8, at end insert 'and, in relation to non-devolved matters, in Scotland, Wales and Northern Ireland.'.
Mr Hilton Dawson
Annette Brooke
Mr Phil Willis
Mr Roger Williams
53
Clause 2, page 1, line 9, leave out 'may' and insert 'shall'.
Margaret Hodge
164
Clause 2, page 1, line 11, leave out 'rights,'.
Margaret Hodge
165
Clause 2, page 1, line 12, leave out 'rights,'.
Margaret Hodge
166
Clause 2, page 1, line 14, leave out paragraphs (c) and (d) and insert—
| '(c) | consider or research the operation of complaints procedures so far as relating to children; |
| (d) | consider or research any other matter relating to the interests of children; |
| (e) | publish a report on any matter considered or researched by him under this section.' |
Mr Andrew Turner
126
Clause 2, page 2, line 2, at end insert—
| '(ca) | secure that public authorities' records in relation to any child are retained until seven years after that child reaches the age of majority;'. |
Margaret Hodge
167
Clause 2, page 2, line 4, at end insert—
'(2A) The Children's Commissioner is to be concerned in particular under this section with the views and interests of children so far as relating to the following aspects of their well-being—
| (a) | physical and mental health and emotional well-being; |
| (b) | protection from harm and neglect; |
| (c) | education, training and recreation; |
| (d) | the contribution made by them to society; |
| (e) | social and economic well-being.' |
Mr Hilton Dawson
54
Clause 2, page 2, line 5, leave out 'take reasonable steps to'.
Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
Mr Hilton Dawson
Annette Brooke
Mr Phil Willis
4
Clause 2, page 2, line 6, leave out 'section' and insert 'Part'.
Mr Hilton Dawson
Annette Brooke
Mr Phil Willis
Mr Roger Williams
55
Clause 2, page 2, line 6, leave out 'to'.
Mr Andrew Turner
129
Clause 2, page 2, line 9, after first 'children', insert ', parents, organisations representing parents'.
Margaret Hodge
168
Clause 2, page 2, line 10, leave out 'review and report on' and insert 'consider or research'.
Margaret Hodge
169
Clause 2, page 2, line 12, leave out paragraph (c) and insert—
'(3A) Where the Commissioner publishes a report under this section he must, if and to the extent that he considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children).'
Hywel Williams
193
Clause 2, page 2, line 16, at end insert—
| '(d) | Ensure that direct services provided to children by the commissioner or his staff, whether formally or informally is provided in the language of the intended recipients.'. |
Margaret Hodge
170
Clause 2, page 2, line 19, at end insert—
'(4A) The Children's Commissioner is not under this section to conduct an investigation of the case of an individual child.'
Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
2
Clause 2, page 2, line 19, at end insert—
'( ) In carrying out his functions under this section the Commissioner must have regard to the importance of parents and other persons caring for children in improving the wellbeing of children'.
