Amendments proposed to the Children Bill [Lords] - continued	House of Commons
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Consistency of legislation with the UNCRC and children's well-being

   

Mr Hilton Dawson
Annette Brooke
Mr Phil Willis
Mr Roger Williams
Hywel Williams

NC13

To move the following Clause:—

    '(1)   A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill—

(a)

make a statement to the effect that the provisions of the Bill have been assessed for their compatibility with the United Nations Convention on the Rights of the Child and their contribution to the well-being of children, relating to the aspects specified in subsection (7)(a) to (e), and that, in his view, the provisions of the Bill do not act to the detriment of any child or group of children in respect of those aspects; and

(b)	make available in each Library of the Houses of Parliament a copy of the assessment made under subsection (1)(a), or

(c)	make a statement to the effect that although he is unable to make a statement under subsection (1)(a) the Government nevertheless wishes the House to proceed with the Bill.

    (2)   The statement must be in writing and be published in such manner as the Minister making it considers appropriate.

    (3)   For the purposes of subsection (1)(a), the aspects of children's well-being are—

(a)	physical and mental health;

(b)	protection from harm and neglect;

(c)	education training and recreation;

(d)	the contribution made by them to society;

(e)	emotional, social and economic well-being.'.

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Equal opportunities

   

Julie Morgan
Hywel Williams

NC14

To move the following Clause:—

       'Without prejudice to the other provisions of this Act, Children's Services Authorities in Wales and their relevant partners shall have regard to combating social exclusion and discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.'.

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Children's services in Wales: principles

   

Julie Morgan
Hywel Williams

NC15

To move the following Clause:—

       'In the delivery of children's services in Wales, Children's Services Authorities and their relevant partners specified in section 21 shall have regard to the United Nations Convention on the Rights of the Child.'.

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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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Co-operation of schools

   

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
Mr Roger 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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Assessment of children in need

   

Chris Mole

NC37

To move the following Clause:—

       'After section 213A(3) of the Housing Act 1996 (c.52), insert—

    "(3A)   Upon receiving a referral under subsection (2) or (3), the social services authority shall carry out an assessment of the needs of the child or children in question for the purposes of Part 3 of the Children Act 1989.".'.

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Provision of housing assistance for children in need

   

Chris Mole

NC38

To move the following Clause:—

       'After section 17(6) of the Children Act 1989 (c. 41), insert—

    "(6A)   Where a child is in need because, or partly because, he has no accommodation, in exercising their powers under subsection (6), the authority shall have regard in particular to the following factors—

(a)	the objectives specified in subsection (1);

(b)	the effects upon the child of his lack of adequate accommodation;

(c)	the benefit to the child of being accommodated together with other members of his household;

(d)	the relative cost to the authority of providing accommodation for the child with other members of his household and of accommodating the child under section 20;

(e)	the rights of the child and of others under Article 8 of the European Convention on Human Rights.

    (6B)   Where an authority has reason to believe that a child may be a child in need because, or partly because, he has no accommodation, they shall have the power to provide accommodation or appropriate assistance on an interim basis pending an assessment of the child's needs under section 213A(3A) of the Housing Act 1996.

    (6C)   Where an authority declines to provide services under this section or decides to provide services other than those requested, whether on an interim basis or otherwise, they shall give reasons in writing for their decision.".'.

Prepared 21 Oct 2004