S.C.B.
Amendment Paper as at
Thursday 21st October 2004
STANDING COMMITTEE B
CHILDREN BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the order of the Committee [12th October].
Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
34
Clause 9, page 7, line 21, leave out 'one or more databases' and insert 'a United Kingdom-wide database'.
Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
Annette Brooke
Mr Phil Willis
35
Clause 9, page 7, line 25, at end insert—
'(2A) Any person or body establishing or operating a database under this section shall ensure that the database operates to safeguard and promote the welfare and best interests of every child whose personal information is held.'.
Mr Andrew Turner
212
Clause 9, page 7, line 36, leave out from 'details' to end of line 37 and insert 'the name and contact details of any educational institution of which he is a registered pupil or at which he is registered as a student'.
Mr Andrew Turner
213
Clause 9, page 7, line 42, after 'regulations', insert 'subject to the negative resolution procedure'.
Annette Brooke
Mr Phil Willis
109
Clause 9, page 7, line 43, leave out paragraph (g).
Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
37
Clause 9, page 7, line 43, leave out from 'of' to end of line 44 and insert 'concern for his welfare, such basis for concern having been set out in national guidance'.
Mr Andrew Turner
225
Clause 9, page 7, line 44, at end insert—
| '(ga) | details of the person ("the informant") who has provided information in accordance with subsection (6)(b) or (c);'. |
Annette Brooke
Mr Phil Willis
Mr Roger Williams
190
Clause 9, page 7, line 45, leave out paragraph (h).
Mr Andrew Turner
218
Clause 9, page 7, line 47, at end insert—
'( ) In this section a "cause for concern" shall not include any matter internal to the child's family unless the informant has reasonable cause to believe that a crime may be or may have been committed.'.
Annette Brooke
Mr Roger Williams
219
Clause 9, page 7, line 47, at end insert—
'(4A) Any regulations made by the Secretary of State under subsections (1) to (4) must provide that—
| (a) | where information recorded on any such database is disclosed to another person, the person making the disclosure must notify the person about whom the disclosure is made of the information being disclosed, and provide them with a copy of it; and |
| (b) | where information recorded on any such database is disclosed to another person, and the information relates to a child, the person making the disclosure must notify— |
| (i) | the child if he is of sufficient maturity, and |
| (ii) | his parent, carer and anyone with parental responsibility of the information, |
| | and provide each of these persons with a copy of it.'. |
Mr Andrew Turner
223
Clause 9, page 7, line 47, at end insert—
'(4A) In this section a "cause for concern" shall not include any matter internal to a school, youth club or voluntary organisation unless the informant has reasonable cause to believe that a crime has been or may be committed.'.
Mr Andrew Turner
214
Clause 9, page 8, line 1, after 'regulations', insert 'which shall be subject to the approval of both Houses of Parliament'.
Mr Andrew Turner
224
Clause 9, page 8, line 20, at end insert—
'(6A) Nothing in this section shall entitle any person to any information about the cause for concern other than information of the kinds described in subsection (4).'.
Mr Andrew Turner
216
Clause 9, page 8, line 31, after 'regulations', insert 'subject to the negative resolution procedure'.
Tim Loughton
Mrs Eleanor Laing
Mr David Ruffley
Annette Brooke
Mr Phil Willis
36
Clause 9, page 8, line 31, at end insert—
'(7A) The requirement to disclose information for agencies specified in subsection (6)(b) will not apply if disclosure would be detrimental to the child's welfare or safeguarding.'.
Mr Andrew Turner
217
Clause 9, page 8, line 41, after 'regulations', insert 'subject to the negative resolution procedure'.
Mr Andrew Turner
226
Clause 9, page 9, line 6, at end insert—
'(12A) Any regulations made by the Secretary of State under subsections (1) to (4) must provide that—
| (a) | where information recorded on any such database is disclosed to another person, the person making the disclosure must notify the person about whom the disclosure is made of the information being disclosed, and provide them with a copy of it; and |
| (b) | where information recorded on any such database is disclosed to another person, and the information relates to a child, the person making the disclosure must notify— |
| (i) | the child if he is of sufficient maturity, and |
| (ii) | his parents, carer and anyone with parental responsibility |
of the information and provide each with a copy thereof.'.
Annette Brooke
Mr Phil Willis
Mr Roger Williams
110
Clause 9, page 9, line 13, after 'advice', insert 'and training'.
Mr Hilton Dawson
71
Page 26, line 27, leave out Clause 37.
Mr Hilton Dawson
72
Clause 38, page 27, line 15, leave out 'Power' and insert 'Duty'.
Annette Brooke
Mr Phil Willis
Mr Roger Williams
Tim Loughton
94
Clause 38, page 27, line 16, leave out subsection (1) and insert—
'(1) It shall be the duty of every children's services authority in England in accordance with regulations made by the Secretary of State to establish and maintain a register of persons in their area suitable to foster children privately.'.
Mr Hilton Dawson
74
Clause 38, page 27, line 16, leave out 'may' and insert 'shall'.
Annette Brooke
Mr Phil Willis
Hywel Williams
Mr Roger Williams
Tim Loughton
104
Clause 38, page 27, line 19, at end insert—
'(1A) It shall be the duty of every local authority to keep a register of individuals in their area suitable to act as private foster parents for children.
(1B) A local authority may refuse to register an applicant for registration under subsection (1A) if it is satisfied that the applicant, or any person living in the applicant's household, is not fit to be in the proximity of children.'.
Mr Hilton Dawson
75
Clause 38, page 27, line 20, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
76
Clause 38, page 27, line 24, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
77
Clause 38, page 27, line 27, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
78
Clause 38, page 27, line 33, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
79
Clause 38, page 27, line 37, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
80
Clause 38, page 27, line 41, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
81
Clause 38, page 28, line 1, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
82
Clause 38, page 28, line 7, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
83
Clause 38, page 28, line 25, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
84
Clause 38, page 28, line 28, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
85
Clause 38, page 28, line 33, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
86
Clause 38, page 28, line 38, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
87
Clause 38, page 28, line 40, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
88
Clause 38, page 28, line 46, leave out 'may' and insert 'shall'.
Mr Hilton Dawson
89
Clause 38, page 29, line 9, leave out 'may' and insert 'shall'.
