Children Bill [Lords]

---

[back to previous text]

New Clause 30

Annual reports

'(1) As soon as possible after the end of each financial year the Children's Commissioner must make a report on—

(a) the way in which he has discharged his functions under this Part, other than functions of holding inquiries;

(b) what he has found in the course of exercising those functions during the year; and

(c) the matters he intends to consider or research in the next financial year.

(2) The Children's Commissioner must in particular under subsection (1)(a) include an account of the steps taken by him to involve in the discharge of the functions referred to in that provision the children in relation to whom those functions are exercised.

(3) Where the Children's Commissioner makes a report under this section—

(a) he must send a copy to the Secretary of State; and

(b) the Secretary of State must as soon as possible lay a copy before each House of Parliament.

(4) The Children's Commissioner must publish a report under this section as soon as possible after the Secretary of State has laid it before each House of Parliament.

(5) The Children's Commissioner must also, to the extent that he considers appropriate, publish any report made under this section in a version which is suitable for children.

(6) In this section, ''financial year'' has the same meaning as in paragraph 8 of Schedule 1.'.

New Clause 31

Care leavers and young persons with learning disabilities

'(1) This section applies for the purposes of this Part, other than section 2(8) and (9).

(2) Any reference to a child includes, in addition to a person under the age of 18, a person aged 18, 19 or 20 who—

(a) has been looked after by a local authority at any time after attaining the age of 16; or

(b) has a learning disability.

(3) For the purposes of subsection (2)—

a person is ''looked after by a local authority'' if—

(a) for the purposes of the Children Act 1989 (c.41), he is looked after by a local authority in England and Wales;

(b) for the purposes of the Children (Scotland) Act 1995 (c.36), he is looked after by a local authority in Scotland;

(c) for the purposes of the Children (Northern Ireland) Order 1995 (S.I.1995/755 (N.I.2)), he is looked after by an authority in Northern Ireland;

''learning disability'' means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning.'.

Column Number: 321

New Clause 32

Children's Commissioner for Wales: powers of entry

'In the Care Standards Act 2000 (c.14), in section 76 (further functions of Children's Commissioner for Wales), at the end insert—

''(8) The Commissioner or a person authorised by him may for the purposes of any function of the Commissioner under section 72B or 73 or subsection (4) of 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.''.'.

—[Margaret Hodge.]

New clauses 20 to 32 brought up, and read the First time.

Motion made, and Question put, That new clauses 20 to 32 be read a Second time:—

Column Number: 322

The Committee divided: Ayes 13, Noes 2.

Division No. 12]

AYES
Coaker, Mr. Vernon
Dawson, Mr. Hilton
Fitzsimons, Mrs. Lorna
Hodge, Margaret
Irranca-Davies, Huw
Ladyman, Dr. Stephen
McDonagh, Siobhain
Mole, Chris
Morgan, Julie
Munn, Ms Meg
Palmer, Dr. Nick
Tami, Mark
Touhig, Mr. Don

NOES
Brooke, Annette
Williams, Mr. Roger

Question accordingly agreed to.

New clauses 20 to 32 brought up, read the First and Second time, and added to the Bill.

New schedule
'Repeals Plans
Short title and chapter	Extent of repeal
Children Act 1989 (c.41)	In Schedule 2, paragraph 1A.
Education Act 1996 (c.56)	Section 527A.
Education Act 1997 (c.44)	Section 9.
School Standards and Framework Act 1998 (c.31)	Section 2. Sections 6 and 7. Sections 26 to 26B. In section 27(2), the words ''section 26,''. Section 119(5)(b) and the preceding ''and''. Sections 120 and 121. In Schedule 6— paragraph 3(4)(b) and the preceding ''and''; paragraph 8(4). In Schedule 30, paragraph 144.
Learning and Skills Act 2000 (c.21)	In Schedule 7— paragraph 35(2)(b); paragraph 42(2)(a). In Schedule 9, paragraphs 80 and 81.
Adoption and Children Act 2002 (c.38)	Section 5. Education Act 2002 (c.32) In section 150— subsections (2) to (4); in subsection (5), the words from ''and early years development plans'' to ''childcare plans''''.
These repeals come into force—        (a) so far as relating to England, in accordance with provision made by order by the Secretary of State;       (b) so far as relating to Wales, in accordance with provision so made by the Assembly.

Column Number: 323

.

Child minding and daycare
Short title and chapter	Extent of repeal
Children Act 1989 (c.41)	In section 79F(1) and (2), paragraph (b) and the preceding ''and''. In section 79G(2), the words ''under section 79F(3)''. In Schedule 9A— in paragraph 4(3A)(b), the words ''to his registration''; in paragraph 4(4), the words '', or have any financial interest in,''; in the heading before paragraph 7, the word ''Annual''.
These repeals come into force—           (a) so far as relating to England, in accordance with provision made by order by the Secretary of State;           (b) so far as relating to Wales, in accordance with provision so made by the Assembly.
Inspection of local education authorities
Short title and chapter	Extent of repeal
Disability Discrimination Act 1995 (c.50)	Section 28D(6).
This repeal comes into force—           (a) so far as relating to England, in accordance with provision made by order by the Secretary of State;           (b) so far as relating to Wales, in accordance with provision so made by the Assembly.
Social services committees and departments
Short title and chapter	Extent of repeal
Children and Young Persons Act 1933 (c.12)	In section 96(7), the words from ''Subject to'' to ''that committee)''.
Children and Young Persons Act 1963 (c.37)	In section 56(2)— the words ''and subsection (1) of section 3 of the Local Authority Social Services Act 1970''; the words ''and section 2 of the said Act of 1970 respectively''.
Local Authority Social Services Act 1970 (c.42)	Sections 2 to 5.
Local Government Act 1972(c.70)	Section 101(9)(f).
Mental Health Act 1983 (c.20)	In section 14, the words ''of their social services department''.
Police and Criminal Evidence Act 1984 (c.60)	In section 63B(10), in the definition of ''appropriate adult'', the words ''social services department''
Local Government and Housing Act 1989 (c.42)	Section 13(2)(c). In Schedule 1, in paragraph 4(2)— in paragraph (a) of the definition of ''ordinary sub-committee'', the words from ''of the authority's'' to ''any other sub-committee''; and the definition of ''social services committee''.
Criminal Justice Act 1991 (c.53)	In sections 43(5) and 65(1)(b) and (1B)(a), the words ''social services department''.
Crime (Sentences) Act 1997 (c.43)	In section 31(2A)(b), the words ''social services department of the''. In Schedule 1, in the table in paragraph 9(6), the words ''social services department''.
Crime and Disorder Act 1998 (c.37)	The words ''social services department'' in— section 1AA(9) and (10)(a); section 8(8)(b); section 9(2B)(b); section 11(8)(a); section 18(4)(a); section 39(5)(b); section 65(7)(b);

Column Number: 325

	section 98(3) (in the words substituted by that provision).
Powers of Criminal Courts (Sentencing) Act 2000 (c.6)	The words ''social services department'' in— section 46(5)(a) and (b); section 69(4)(b), (6)(a) and (10)(a); section 73(5); section 74(5)(b) and (7)(a); section 103(3)(b) and (5)(a); section 162(2)(a) and (b).
Local Government Act 2000 (c.22)	Section 102(1).
Criminal Justice and Court Services Act 2000 (c.43)	In section 64(6), in the definition of ''appropriate adult'', the words ''social services department''.
Criminal Justice Act 2003 (c. 44)	The words ''social services department'' in— section 158(2)(b); section 161(8)(b); section 199(4)(b); paragraph 5(4) of Schedule 38 (in the words substituted by that provision). <
These repeals come into force—       (a) so far as relating to England, in accordance with provision made by order by the Secretary of State;       (b) so far as relating to Wales, in accordance with provision so made by the Assembly.
Reasonable punishment
Short title and chapter	Extent of repeal
Children and Young Persons Act 1933 (c.12)	Section 1(7).
This repeal comes into force at the same time as section 49.
Child safety orders
Short title and chapter	Extent of repeal
Crime and Disorder Act 1998 (c.37)	Section 12(6)(a) and (7).
These repeals come into force at the same time as section 51.'. [Margaret Hodge.]

Brought up, read the First and Second time, and added to the Bill.

Amendment made: No. 189, in

title, line 7, leave out

'and about child safety orders'

and add

', child safety orders, the Children's Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children'.—[Margaret Hodge.]

Bill, as amended, to be reported.

Committee rose at seven minutes past Five o'clock.

The following Members attended the Committee:

Column Number: 327

Roe, Dame Marion (Chairman)
Brooke, Mrs.
Clappison, Mr.
Coaker, Vernon
Dawson, Mr.
Fitzsimons, Mrs.
Hodge, Margaret
Irranca-Davies, Huw
Ladyman, Dr.
Laing, Mrs.
Loughton, Tim
McDonagh, Siobhain
Mole, Mr.
Morgan, Julie
Munn, Ms
Palmer, Dr.
Tami, Mark
Touhig, Mr.
Williams, Hywel
Williams, Mr. Roger

 

---

Prepared 21 October 2004