Vote Bundle Text (941019-06)

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

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Repeals

Margaret Hodge

NC26

To move the following Clause:—

repeals

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.'.

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).'.

Functions of Commissioner in Northern Ireland

Margaret Hodge

NC29

To move the following Clause:—

'(1) The Children's Commissioner has the function of promoting the views and interests of children in Northern Ireland in relation to excepted 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.

(4) Where the Children's Commissioner considers that the case of an individual child in Northern Ireland raises issues of public policy which are of relevance to other children in relation to an excepted 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) Paragraphs 2 to 5 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) 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 Northern Ireland raises issues of relevance to other children in relation to an excepted 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) Paragraphs 2 to 8 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes of an inquiry under subsection (7) above with the substitution of references to the Secretary of State for references to the Ministry.

(10) In this section, "excepted matter" has the same meaning as in the Northern Ireland Act 1998 (c.47).'.

Annual reports

Margaret Hodge

NC30

To move the following Clause:—

'(1) As soon as possible after the end of each financial year the Children's Commissioner must make a report on—

(a) the way in which he has discharged his functions under this Part, other than functions of holding inquiries;

(b) what he has found in the course of exercising those functions during the year; and

(2) The Children's Commissioner must in particular under subsection (1)(a) include an account of the steps taken by him to involve in the discharge of the functions referred to in that provision the children in relation to whom those functions are exercised.

(3) Where the Children's Commissioner makes a report under this section—

(a) he must send a copy to the Secretary of State; and

(b) the Secretary of State must as soon as possible lay a copy before each House of Parliament.

(4) The Children's Commissioner must publish a report under this section as soon as possible after the Secretary of State has laid it before each House of Parliament.

(5) The Children's Commissioner must also, to the extent that he considers appropriate, publish any report made under this section in a version which is suitable for children.

(6) In this section, "financial year" has the same meaning as in paragraph 8 of Schedule 1.'.

Care leavers and young persons with learning disabilities

Margaret Hodge

NC31

To move the following Clause:—

'(1) This section applies for the purposes of this Part, other than section 2(8) and (9).

(2) Any reference to a child includes, in addition to a person under the age of 18, a person aged 18, 19 or 20 who—

(a) has been looked after by a local authority at any time after attaining the age of 16; or

(b) has a learning disability.

(3) For the purposes of subsection (2)—

a person is "looked after by a local authority" if—

(a) for the purposes of the Children Act 1989 (c.41), he is looked after by a local authority in England and Wales;

(b) for the purposes of the Children (Scotland) Act 1995 (c.36), he is looked after by a local authority in Scotland;

(c) for the purposes of the Children (Northern Ireland) Order 1995 (S.I.1995/755 (N.I.2)), he is looked after by an authority in Northern Ireland;

"learning disability" means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning.'.

Children's Commissioner for Wales: powers of entry

Margaret Hodge

NC32

To move the following Clause:—

'In the Care Standards Act 2000 (c.14), in section 76 (further functions of Children's Commissioner for Wales), at the end insert—

"(8) The Commissioner or a person authorised by him may for the purposes of any function of the Commissioner under section 72B or 73 or subsection (4) of this section at any reasonable time—

(a) enter any premises, other than a private dwelling, for the purposes of interviewing any child accommodated or cared for there; and

(b) if the child consents, interview the child in private.".'.

Further action following report on formal investigation

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

NC1

To move the following Clause:—

'(1) Where the Children's Commissioner has made a report under section 4 which contains a recommendation as to action to be taken by a relevant body, the Commissioner may by notice require that body to provide the Commissioner within 3 months of the date of the notice with—

(a) such information as will enable the Children's Commissioner to determine whether the body has complied with the recommendation or will be complying with it; or

(b) a statement of the body's reason for not complying with the recommendation.

(2) A notice under subsection (1) shall include a statement that a failure by the body to respond within the period mentioned in that paragraph may be published in such manner as the Children's Commissioner considers appropriate.

(3) If, on receipt of a response from the body, the Children's Commissioner considers that—

(a) the action taken or proposed to be taken by the body to comply with the recommendation is inadequate; or

(b) the body's reason for not complying with the recommendation is inadequate, the Commissioner may send to the body concerned a further notice setting out the inadequacy and requiring the body to reconsider the matter and respond within one month of the date of the notice.

(4) A notice under subsection (3) shall include a statement that a failure by the body—

(a) to provide what the Children's Commissioner considers to be a satisfactory response; or

(b) to provide any response within the period mentioned in that subsection, may be published in such manner as the Children's Commissioner considers appropriate.

(5) The Children's Commissioner shall maintain a register containing details of—

(a) recommendations (together with the reasons for them) contained in reports made under section 4;

(b) action taken by the Children's Commissioner under subsections (1) and (3); and

(6) Any register maintained under subsection (5) shall be open to inspection by any person at all reasonable times at the offices of the Children's Commissioner and the Commissioner may make arrangements for copies of the register to be available for inspection in such other place or places or by such other means as he considers appropriate.

(7) The Children's Commissioner shall publish those arrangements in such a way as to bring them to the attention of persons likely to be interested.'.