S.C.B.
Amendment Paper as at
Tuesday 14th March 2006
STANDING COMMITTEE B
New Amendments handed in are marked thus *
CHILDREN AND ADOPTION BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [13th March 2006].
RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE
The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed to the following Resolution at its meeting on Monday 13th March (Standing Order No. 83C):
That—
(1) during proceedings on the Children and Adoption Bill [Lords] the Standing Committee shall (in addition) to its first meeting at 10.30 am on Tuesday 14th March) meet;
| (a) | at 4.00 p.m. on Tuesday 14th March; |
| (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 16th March; |
(2) the proceedings shall be taken in the following order: Clauses 9 to 14; Clauses 1 to 4; Schedule 1; Clauses 5 to 8; Clause 15; Schedules 2 and 3; Clauses 16 and 17; new Clauses; new Schedules; remaining proceedings on the Bill;
(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 16th March.
Maria Eagle has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].
Mr David Kidney
62
*Clause 9, page 13, line 29, at end insert—
| '"(5A) | In considering the application of special restrictions the Secretary of State must have regard to the United Nations Convention on the Rights of the Child."'. |
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
41
Clause 9, page 13, line 29, at end insert—
| '(c) | prescribed organisations involved in adoption.'. |
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
42
Clause 9, page 13, line 33, after 'country', insert 'to include regular reviews on why that declaration should still apply'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
43
Clause 10, page 14, line 17, at end insert—
| '(c) | prescribed organisations involved in adoption.'. |
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
5
Clause 13, page 16, line 19, after 'applies', insert 'and in doing so must have regard to the financial circumstances of the prospective adopter'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
44
Clause 13, page 16, line 22, after '(1)(b)', insert 'and in doing must have regard to the financial circumstances of the prospective adopter'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
6
Clause 13, page 16, line 27, at end insert—
| '(c) | provide a detailed breakdown of what costs have been borne to give rise to the fee.'. |
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
10
Clause 1, page 1, line 8, after 'about', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
11
Clause 1, page 1, line 13, after 'about', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
46
Clause 1, page 1, line 15, leave out 'promotes contact with the child concerned' and insert 'directly promotes reasonable contact with the child concerned by negating or managing a specific shortcoming on the part of the person directed to attend the activity in the circumstances where this shortcoming—
| (a) | has been identified by the court in a finding of fact after due legal process, or |
| (b) | is stated by the court to constitute a specific and significant impediment to a higher level of contact that might otherwise be ordered by the court.'. |
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
12
Clause 1, page 1, line 15, after 'promotes', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
13
Clause 1, page 2, line 5, after 'improving', insert 'reasonable'.
Vera Baird
Margaret Moran
Mr David Kidney
57
Clause 1, page 2, line 6, leave out 'enable or facilitate contact with a child', and insert 'reduce the risk of harm to a child and monitor his progress before granting unsupervised contact or residence to that individual'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
14
Clause 1, page 2, line 7, after 'facilitate', insert 'reasonable'.
Margaret Moran
33
Clause 1, page 2, line 7, at end insert—
| '(iii) | in cases of domestic violence, the court shall refer the individual to a domestic violence perpetrator programme as defined by a Code of Practice issued by the Secretary of State.'. |
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
15
Clause 1, page 2, line 9, after 'for', insert 'reasonable'.
Mr David Kidney
60
*Clause 1, page 2, line 10, after 'mediation', insert 'and any information or advice as regards making arrangements by means of mediation shall be given by an accredited mediator'.
Vera Baird
Mr David Kidney
58
Clause 1, page 2, line 10, at end insert—
'(5A) In cases of domestic violence, the court shall refer the individual to a domestic violence perpetrator programme as defined by a Code of Practice issued by the Secretary of State.'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
21
Clause 1, page 2, line 11, after 'a', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
1
Clause 1, page 2, leave out line 14.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
47
Clause 1, page 2, line 14, leave out 'take part in mediation' and insert 'participate in an activity which is not organised on the basis that, subject to section 1(1) of the Children Act 1989, and subject to a good reason to the contrary, a child's best interests are best served through reasonable contact with both his parents,
| (c) | to engage in an activity which will not put his or her application for contact on a significantly better footing with the court after the activity has been completed than the footing on which the application stood immediately before the activity direction was made, |
| (d) | to engage in a programme designed to address a person's violent behaviour unless— |
| (i) | a finding of fact has been made by the court that the violence alleged actually occurred, and |
| (ii) | the court has made a finding of fact either that a physical injury resulted from the violence or that the violence, including any non-physical violence, was serious. |
(6A) Other than by providing an attendance record, no person engaged in supplying an activity under an activity direction shall be entitled to express an opinion on whether that activity was successfully accomplished unless the person supplying the course attends court to give evidence in the circumstances where—
| (a) | his evidence shall be subject to an opportunity for rebuttal by the person attending the activity, or |
| (b) | a final decision on the evidence is made by the judge.'. |
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
16
Clause 1, page 2, line 17, after 'to', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
17
Clause 1, page 2, line 21, after 'a', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
18
Clause 1, page 2, line 25, after 'about', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
19
Clause 1, page 2, line 32, after 'a', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
20
Clause 1, page 2, line 38, after 'regards', insert 'reasonable'.
Tim Loughton
Mrs Maria Miller
Mr Stewart Jackson
Jeremy Wright
Mr David Evennett
22
Clause 1, page 3, line 19, after 'a', insert 'reasonable'.
