House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 4 February 2010
56

Children, Schools and Families Bill, continued

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  312

Clause  32,  page  28,  line  13,  at end insert ‘or,

(d)
limited disclosure at the request of the parties involved, or upon the

Court’s own motion in circumstances not covered by the Family

Proceedings Rules part XI, as authorised by the powers of Court.’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  313

Clause  32,  page  28,  line  33,  at end insert—

‘(h)
applications under Part II of the Matrimonial Causes Act 1973 (financial

relief for parties to a marriage and children of family);

(i)
applications under Schedule 1 of the Children Act 1989 (financial

provision for children).’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  314

Clause  32,  page  28,  line  34,  leave out out subsection 6 and insert—

‘(6)
The Lord Chancellor may not amend the definition of “relevant family

proceedings” in subsection (5) by order made by statutory instrument unless—

(a)
the Lord Chancellor has commissioned an independent review of the

existing definition, and

(b)
the conclusions of the independent review have been set out in a report

which has been laid before Parliament.

(6A)
No review for the purposes of subsection 6 may be commenced before the end of

the period of 18 months beginning with the time section 32 comes into force.’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  315

Clause  33,  page  29,  line  12,  at end insert ‘with the agreement of other interested

parties related to the case.’.

Public Bill Committee Proceedings: 4 February 2010
57

Children, Schools and Families Bill, continued

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  316

Clause  33,  page  29,  line  13,  leave out ‘may permit’ and insert ‘will always make it

clear that’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  317

Clause  33,  page  29,  line  13,  after ‘section’, insert ‘can be’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  318

Clause  34,  page  29,  line  26,  after ‘representative’, insert ‘or other member of any

news gathering or reporting organisation or any freelance journalist’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  319

Clause  34,  page  29,  line  30,  after ‘representative’, insert ‘or other member of any

news gathering or reporting organisation or any freelance journalist’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  320

Clause  34,  page  29,  line  41,  leave out ‘or’.

Public Bill Committee Proceedings: 4 February 2010
58

Children, Schools and Families Bill, continued

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  321

Clause  34,  page  29,  line  43,  at end insert ‘or

(v)
sensitive or personal financial information’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  322

Clause  34,  page  30,  line  10,  after ‘court’, insert ‘and in accordance with the

limitations imposed by the Act’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  323

Clause  34,  page  30,  line  13,  at end insert—

‘(6A)
Condition 6 is that the information is not recorded by an accredited news

representative or other member of any news gathering and/or reporting

organisation or any freelance journalist other than through hand-written or hand-

typed notes, and is not recorded visually or audibly.

(6B)
Condition 7 is that the publication shall not contain details of any written or oral

disclosure by a child or any medical details of a child.’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  324

Clause  35,  page  30,  line  25,  after first ‘the’, insert ‘wider’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  325

Clause  35,  page  30,  line  26,  leave out ‘a person’ and insert ‘any of the parties’.

Public Bill Committee Proceedings: 4 February 2010
59

Children, Schools and Families Bill, continued

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  326

Clause  35,  page  30,  line  37,  leave out ‘involved in, referred to in or otherwise’ and

insert ‘directly’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  327

Clause  37,  page  32,  line  19,  leave out ‘or’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  328

Clause  37,  page  32,  line  19,  at end insert—

‘(ba)
the information is also sensitive or personal financial information

relating to the proceedings, or’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  329

Clause  38,  page  32,  line  29,  leave out ‘reason’ and insert ‘reasonable cause’.

Public Bill Committee Proceedings: 4 February 2010
60

Children, Schools and Families Bill, continued

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  330

Clause  38,  page  32,  line  35,  leave out ‘reason’ and insert ‘reasonable cause’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  331

Clause  40,  page  33,  line  19,  leave out paragraphs (a) and (b) and insert—

‘(a)
the Lord Chancellor has commissioned an independent review of the

operation of Part 2 of this Act, and

(b)
the conclusions of the independent review have been set out in a report

which has been laid before Parliament’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  332

Clause  40,  page  33,  line  23,  leave out subsection (4) and insert—

    ‘No review for the purposes of subsection (3)(a) may be commenced before—

(a)
the end of the period of 18 months beginning with the time section 32

comes into force, and

(b)
a full review has been completed of the findings from the pilot allowing

publication of anonymised judgments alone.’.

Mr David Laws

Annette Brooke

Not selected  184

Page  33,  line  12,  leave out Clause 40.

Mr David Laws

Annette Brooke

Not selected  185

Page  47,  line  10,  leave out Schedule 2.

Public Bill Committee Proceedings: 4 February 2010
61

Children, Schools and Families Bill, continued

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  333

Clause  41,  page  33,  leave out from beginning of line 42 to end of line 2 on page 34 and

insert—

    ‘An account of proceedings, or of any part of proceedings, shall be taken to identify

     a person if—

(a)
it contains any particulars of—

(i)
the name, title, pseudonym or alias of the person;

(ii)
the address or description (physical or by value) of any premises

at which the person resides or works, or the locality in which any

such premises are situated;

(iii)
the physical description or the style of dress of the person;

(iv)
any employment or occupation engaged in, profession practised

or calling pursued, by the person or any official or honorary

position held by the person;

(v)
the relationship of the person to identified relatives of the person

or the association of the person with identified friends or

identified business, official or professional acquaintances of the

person;

(vi)
the recreational interests, or the political, philosophical or

religious beliefs or interests, of the person; or

(vii)
any real or personal property in which the person has an interest

or with which the person is otherwise associated; being

particulars that are sufficient to identify that person to a member

of the public, or to a member of the section of the public to which

the account is disseminated, as the case requires;

(b)
in the case of a written or televised account or an account by other

electronic means, it is accompanied by a picture of the person; or

(c)
in the case of a broadcast or televised account or an account by other

electronic means, it is spoken in whole or in part by the person and the

person’s voice is sufficient to identify that person to a member of the

public, or to a member of the section of the public to which the account

is disseminated, as the case requires.’.

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  334

Clause  41,  page  34,  line  49,  at end insert—

‘(c)
is a person who has provided a sworn statement to the court within the

relevant proceedings.’.

Public Bill Committee Proceedings: 4 February 2010
62

Children, Schools and Families Bill, continued

Mr Edward Timpson

Mr Nick Gibb

Tim Loughton

Mr Graham Stuart

Bill Wiggin

Mr Henry Bellingham

Not called  335

Clause  41,  page  34,  line  50,  leave out subsection (3) and insert—

‘(3)
The Lord Chancellor may not amend—

(a)
the definition of “professional witness” in subsection (1);

(b)
Schedule 3 (list of sensitive personal information) by order made by

statutory instrument unless—

(i)
the Lord Chancellor has commissioned an independent review of

the existing definition, and

(ii)
the conclusions of the independent review have been set out in a

report which has been laid before Parliament.’.

Mr Vernon Coaker

Not selected  338

Page  35,  line  16,  leave out Clause 42.

Clause disagreed to on division.

Clauses 43 to 45, Schedules 4 and 5, and Clauses 46 to 50 Agreed to on division.

New Clauses

Reasonable punishment

Mr David Laws

Annette Brooke

Mr Elfyn Llwyd

Mr Mark Todd

Mrs Ann Cryer

Not called  NC1

To move the following Clause:—

‘(1)
The Children Act 2004 is amended as follows.

(2)
In section 58 (reasonable punishment), after subsection (4) there is inserted—

“(4A)
Only a person with parental responsibility for a child within the meaning

of section 3 of the Children Act 1989 can justify battery of that child on

the ground that it constituted reasonable punishment.”.’.



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