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Advocacy: accommodation
Mr Hilton Dawson
Annette Brooke
Mr Roger Williams
NC7
To move the following Clause:—
'In section 20 of the Children Act 1989 (provision of accommodation for children: general) after subsection (6) insert—
"(6A) In meeting its duty under subsection (6) a local authority shall make arrangements for the provision of assistance to the child, and the making of such arrangements shall be subject to the provisions of section 26A (2), (3), (4) and (5) as if the words 'this section' in section 26A(5) referred to this section.".'.
Advocacy: care decisions
Mr Hilton Dawson
Annette Brooke
Mr Roger Williams
NC8
To move the following Clause:—
'In section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them), after subsection (4) insert—
"(4A) In meeting its duty under subsection (4)(a) a local authority shall make arrangements for the provision of assistance to the child, if it is satisfied that the nature of the decision is such that the child may require it, and the making of such arrangements shall be subject to the provisions of section 26A (2), (3), (4) and (5) as if the words 'this section' in section 26A(5) referred to this section.".'.
Advocacy: care plans
Mr Hilton Dawson
Annette Brooke
Mr Roger Williams
NC9
To move the following Clause:—
'In section 26 of the Children Act 1989 (review of cases and inquiries into representations), after subsection (2)(d) insert—
| "(dd) | requiring the authority when seeking the views of the child to make arrangements for the provision of assistance to the child including assistance by way of representation.".'. |
National fostering allowance
Annette Brooke
Mr Roger Williams
Mr Hilton Dawson
NC10
To move the following Clause:—
'The Government shall by regulations establish a national minimum fostering allowance payable by all children's services authorities in England.'.
Reasonable punishment
Mr David Hinchliffe
Annette Brooke
Hywel Williams
Mr Hilton Dawson
Julie Morgan
Mr Win Griffiths
| Mr Martin Caton | Lynne Jones | Mr Roger Williams |
| Dr Richard Taylor | Mr Elfyn Llwyd | Mr Llew Smith |
| Valerie Davey | John Austin | Julia Drown
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NC12
To move the following Clause:—
'(1) Battery of a child cannot be justified in any proceedings on the grounds that it constituted reasonable punishment.
(2) Battery of a child is not unlawful if the act amounts to the use of reasonable force in order to—
| (a) | avert an immediate danger to the child or any other person; |
| (b) | avert an immediate danger to property; or |
| (c) | prevent the commission of a crime, or an act which would be a crime if the child had reached the age of criminal responsibility. |
(3) For the purpose of subsections (1) and (2), "child" means a person under the age of 18.
(4) Section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under sixteen) is amended as follows.
(5) At the end of subsection (7) insert "subject to subsection (8)".
(6) After subsection (7) insert—
| "(8) | Corporal punishment administered to a child cannot be justified in any proceedings on the grounds that it was administered in pursuance of a right exercisable by virtue of subsection (7). |
| (9) | For the purpose of subsection (8), administering corporal punishment to a child means doing anything for the purpose of punishing that child which would constitute unlawful battery.".'. |
Children's Commissioner: functions (No. 2)
Mr Tim Loughton
Mrs Eleanor Laing
Mr Andrew Turner
Mr James Clappison
Mr David Ruffley
NC13
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 made 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) 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.
(8) In subsection (7) 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.'.
Parental, carer and sibling contact with looked-after children
Annette Brooke
Mr Roger Williams
NC14
To move the following Clause:—
'(1) The Children Act 1989 (c. 41) is amended as follows:
(2) After section 22 insert—
"22A Parental, carer or sibling contact with looked-after children
Where a child is looked after by a local authority, the authority shall allow the child reasonable contact with—
(3) In subsection (1) of section 34 after paragraph (d), insert—
| "(e) | any sibling of his.".'. |
Protection of children involved in prostitution
Mr Hilton Dawson
Lynne Jones
NC15
To move the following Clause:—
'In section 1(1) of the Street Offences Act 1959 (c. 57) (which makes it an offence for a common prostitute to loiter or solicit for the purpose of prostitution) before "to loiter", insert "aged 18 or over".'.
Procedures in relation to the processing of personal data
Mr Harry Cohen
NC16
To move the following Clause:—
'(1) This section shall have effect in relation to the provisions described in section 12 and the processing of personal data.
(2) The Secretary of State may not make any regulations under the provisions of section 12, or issue guidance or a direction under those provisions, unless the Information Commissioner has been provided with the opportunity to make representations as to any degradation in the protection afforded to data subjects or to any degradation in the effectiveness of any data protection principle which would be caused by the implementation of that regulation, guidance or direction.
(3) If the Secretary of State issues regulations, guidance or direction under the provisions of section 12 which, in the view of the Information Commissioner, degrade the protection afforded to data subjects or degrade the effectiveness of any data protection principle, the Information Commissioner may publish any relevant information, correspondence, document or advice which relates to the degradation in question.
(4) For the purposes of this Act, section 10(2) of the Data Protection Act 1998 (c. 29) (exemptions from right to prevent processing likely to cause damage or distress) shall apply as if it read as follows—
| "(2) | Subsection (1) does not apply in a case where any of the conditions in paragraphs 1, 2 or 4 of Schedule 2 is met." |
(5) Personal data processed by any data controller for a purpose specified in regulations, guidance or direction made or issued under the provisions of section 12 shall not be processed for any other purpose unless that purpose is also specified in regulations made under powers authorised by this Act.
(6) For the purpose of this Act, "personal data" shall mean any data which relate to a living individual who can be directly or indirectly identified—
| (b) | from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller. |
(7) For the purpose of this section—
| (a) | the definition of "data", "processing", "data controller" and "data subject" shall be the same as in section 1 of the Data Protection Act 1998; |
| (b) | the "data protection principles" are the principles described in Schedule 1 to the Data Protection Act 1998; |
| (c) | the "Information Commissioner" is the Commissioner established by the Data Protection Act 1998 and the Freedom of Information Act 2000.'. |
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