Vote Bundle Text (941102-02)

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

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Exercise of functions in relation to children in Wales, Scotland and Northern Ireland

Hywel Williams

NC18

To move the following Clause:—

'(1) It shall be the sole responsbility of the Children's Commissioner for Wales to—

(a)	hold an inquiry on any matters as regards children in Wales; and

(b)	consider, and make appropriate representations about, any matter affecting children ordinarily resident in Wales.

(2) It shall be the sole responsibility of the Commissioner for Children and Young People in Scotland to—

(a)	hold an inquiry on any matters as regards children in Scotland; and

(b)	consider, and make appropriate representations about, any matter affecting children ordinarily resident in Scotland.

(3) It shall be the sole responsibility of the Commissioner for Children and Young People in Northern Ireland to—

(a)	hold an inquiry on any matters as regards children in Northern Ireland; and

(b)	consider, and make appropriate representations about, any matter affecting children ordinarily resident in Northern Ireland.'.

REMAINING NEW CLAUSES (OTHER THAN NEW CLAUSES RELATING TO THE REASONABLE PUNISHMENT OF CHILDREN)

Appeals about information held on databases

Mr Tim Loughton

Mrs Eleanor Laing

Mr Andrew Turner

Mr James Clappison

Mr David Ruffley

NC4

To move the following Clause:—

'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.'.

Presumption of equal parenting

Mr Tim Loughton

Mrs Eleanor Laing

Mr Andrew Turner

Mr James Clappison

Mr David Ruffley
Mr Dominic Grieve

NC5

To move the following Clause:—

'(1) The Children Act 1989 (c. 41) is amended as follows.

(2) After section 1(1) (paramount consideration is welfare of the child) insert—

"(1A)

In respect of subsection (1)(a) above the court shall, unless a contrary reason be shown, act on the presumption that a child's welfare is best served through residence with its parents and, if its parents are not living together, through residence with one of them and through both of them being as fully and equally involved in his parenting as possible.".'.

Advocacy: wishes and feelings

Mr Hilton Dawson
Annette Brooke
Mr Roger Williams

NC6

To move the following Clause:—

'In Schedule 2 to the Children Act 1989 (provision of services for families) after paragraph 11 insert—

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—

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—

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.'.

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—

(a)	his parents,

(b)	any guardian of his,

(c)	any sibling of his."

(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—

(a)	from those data, or

(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.'.

NEW CLAUSES RELATING TO THE REASONABLE PUNISHMENT OF CHILDREN

Reasonable punishment

Mr David Hinchliffe
Annette Brooke
Hywel Williams
Mr Hilton Dawson
Julie Morgan
Mr Win Griffiths

Alice Mahon Dr Desmond Turner Mr Paul Burstow

Mr Simon Thomas Paul Flynn Mr Greg Pope

Mr John MacDougall

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.".'.