NOTICES OF AMENDMENTS
given up to and including
Friday 29th October 2004
CONSIDERATION OF BILL
CHILDREN BILL [LORDS], AS AMENDED
NEW CLAUSES
Sharing of information
Mr Secretary Clarke
NC11
To move the following Clause:—
'(1) The Assembly and the Children and Family Court Advisory and Support Service may provide any information to each other for the purposes of their respective functions under this Part and Part 1 of the Criminal Justice and Court Services Act 2000 (c.43).
(2) A Welsh family proceedings officer and an officer of the Service (within the meaning given by section 11(3) of that Act) may provide any information to each other for the purposes of any of their respective functions.'.
Payments to foster parents
Mr Secretary Clarke
NC17
To move the following Clause:—
'(1) The appropriate person may by order make provision as to the payments to be made—
| (a) | by a children's services authority in England or Wales or a person exercising functions on its behalf to a local authority foster parent with whom any child is placed by that authority or person under section 23(2)(a) of the Children Act 1989 (c. 41); |
| (b) | by a voluntary organisation to any person with whom any child is placed by that organisation under section 59(1)(a) of that Act. |
(2) In subsection (1)—
"appropriate person" means—
| (a) | the Secretary of State, in relation to a children's services authority in England; |
| (b) | the Assembly, in relation to a children's services authority in Wales; |
"local authority foster parent" and "voluntary organisation" have the same meanings as in the Children Act 1989 (c. 41).
(3) In section 23(2)(a) of the Children Act 1989 (c. 41), at the end insert "(subject to section [payments to foster parents] of the Children Act 2004)".
(4) In section 59(1)(a) of that Act, at the end insert "(subject to section [payments to foster parents] of the Children Act 2004)".'.
Children's Commissioner: functions
Annette Brooke
Mr Roger Williams
Mr Hilton Dawson
NC1
To move the following Clause—
'(1) The Children's Commissioner has, subject to the following provisions of this Part, the function of promoting and safeguarding the rights and interests of children in England.
(2) The Children's Commissioner may in particular under this section—
| (a) | encourage persons exercising functions or engaged in activities affecting children to take account of their rights, views and interests; |
| (b) | advise the Secretary of State on the rights, views and interests of children; |
| (c) | review and report on the effectiveness of— |
| (i) | advice and advocacy services; |
| (ii) | complaints procedures; and |
| (iii) | inspection and whistle-blowing arrangements, |
| | so far as relating to children; |
| (d) | review and report on any other matter relating to the rights, views and interests of children. |
(3) The Children's Commissioner must take reasonable steps to involve children in the discharge of his functions under this section, and in particular to—
| (a) | ensure that children are made aware of his function and how they may communicate with him; |
| (b) | consult children, and organisations working with children, on the matters he proposes to review and report on under subsection (2)(c) or (d); |
| (c) | ensure that the content of any material issued by the Commissioner or his staff, whether printed or in electronic or other form, which is intended to be used by children, takes account, so far as practicable, of the means of communication, level of understanding and usual language of the intended recipients. |
(4) The Children's Commissioner must for the purposes of subsection (3) have particular regard to groups of children who do not have other adequate means by which they can make their views known.
(5) The Children's Commissioner or a person authorised by him may for the purposes of his function under 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. |
(6) Any person exercising functions under any enactment must supply the Children's Commissioner with such information in that person's possession relating to those functions as the Children's Commissioner may reasonably request for the purposes of his function under this section (provided that the information is information which that person may, apart from this subsection, lawfully disclose to him).
(7) The Children's Commissioner may provide assistance to a child to bring legal proceedings where the child is unable to bring legal proceedings; and it appears to the Commissioner reasonable to do so and there is no other person or body likely to provide such assistance or take such action (or both).
(8) In considering for the purpose of his function under this section what constitutes the rights and interests of children (generally or so far as relating to a particular matter) the Children's Commissioner must have regard to the United Nations Convention on the Rights of the Child.
(9) In subsection (8) the reference to the United Nations Convention on the Rights of the Child is to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989, subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.'.
Powers of consideration and representation by Children's Commissioner for Wales
Annette Brooke
Mr Roger Williams
Mr Martin Jones
Julie Morgan
Mrs Betty Williams
Mr Martin Caton
'(1) Section 75A of the Care Standards Act 2000 (c. 14) (additional powers of consideration and representation) is amended as follows.
(3) A subsequent report under this section shall be made at such time as the Children's Commissioner thinks fit, not being earlier than three years after the making of the last previous report.
'The Secretary of State shall establish an appeals procedure by which individuals referred to on a database established under regulations under section 12 (explicitly or implicitly) in respect of a child whose case has been referred to that database may challenge the inclusion of information.'.
'(1) The Children Act 1989 (c. 41) is amended as follows.
(2) After section 1(1) (paramount consideration is welfare of the child) insert—
'In Schedule 2 to the Children Act 1989 (provision of services for families) after paragraph 11 insert—
