House of Lords Amendments - Protection of Children Bill

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Session 1998-99
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Amendments to the Protection of Children Bill

Protection of Children Bill -
Amendments to be debated in the House of Lords
Here you can browse the Marshalled List of Amendments to the Protection of Children Bill to be moved in Committee in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 1

BY THE EARL HOWE

1      Page 1, line 13, at end insert ("or should no longer be included in it")

Clause 2

BY THE EARL HOWE

2      Page 2, line 3, leave out ("considered dismissing") and insert ("been minded to dismiss")

3      Page 2, line 8, leave out paragraph (d)

4      Page 2, line 47, after ("applies") insert ("and shall use his best endeavours to notify the individual accordingly")

5      Page 3, line 2, leave out paragraph (a)

6      Page 3, line 11, leave out ("considered dismissing") and insert ("been minded to dismiss")

After Clause 3

BY THE EARL HOWE

7      Insert the following new Clause--

    ("  .  Where the Secretary of State--
(a)  provisionally includes an individual in the list in accordance with section 2(4)(b) above;

(b)  confirms the inclusion of an individual in the list in accordance with section 2(6) above; or

(c)  includes an individual in the list in accordance with section 3(3) above, he may, if he thinks fit for the purpose of protecting a child from harm or the risk of harm--

    (i)  notify the Social Services Department responsible for the area in which the individual resides, or

    (ii)  notify an organisation employing the individual,
of such inclusion or confirmation.") Notification of inclusion by Secretary of State.

8      Insert the following new Clause--

    ("  .  Where a child care organisation, or any other organisation, is made aware that an individual who is employed in a child care position is included (otherwise than provisionally) on the list and by reason of that discovery either dismisses him or transfers him to a position within the organisation which is not a child care position, that organisation shall not thereby be rendered liable to civil proceedings on the grounds of unfair or constructive dismissal (as the case may be).") Liability for civil proceedings on grounds of dismissal.

Clause 6

BY THE EARL HOWE

9      Page 5, line 39, leave out ("may") and insert ("shall")

10      Page 5, line 42, leave out ("may") and insert ("shall")

After Clause 7

BY THE LORD MESTON

11      Insert the following new Clause--

    ("  .  Where--
(a)  in any family proceedings within the meaning of section 8 of the Children Act 1989 a welfare officer or guardian or litigation friend appointed by the court, or a local authority enquiring into the circumstances of a child, is directed by the court or otherwise reasonably requires to investigate the suitability of any individual in a child care position; or

(b)  a local authority exercising its duties under sections 17, 22 or 47 of that Act reasonably requires to investigate the suitability of any such individual,
the person or authority so directed or requiring to investigate shall ascertain whether the individual is included in the lists referred to in section 7 above.") Searches of both lists in certain cases.

Clause 10

BY THE EARL HOWE

     The Earl Howe gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.

After Clause 10

BY THE LORD MESTON

12      Insert the following new Clause--

    ("  .  The Secretary of State shall by regulation make provision for a person searching the list kept under section 1 above or the list kept for the purpose of regulations made under section 218(6) of the 1988 Act, or applying under subsection (3A) of section 113 of the Police Act 1997, to be informed if an individual is included on any comparable list held elsewhere in the British Islands.") Person searching list to be informed of comparable lists.

© Parliamentary copyright 1999
Prepared 10 June 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 1
	BY THE EARL HOWE
1	Page 1, line 13, at end insert ("or should no longer be included in it")
	Clause 2
	BY THE EARL HOWE
2	Page 2, line 3, leave out ("considered dismissing") and insert ("been minded to dismiss")
3	Page 2, line 8, leave out paragraph (d)
4	Page 2, line 47, after ("applies") insert ("and shall use his best endeavours to notify the individual accordingly")
5	Page 3, line 2, leave out paragraph (a)
6	Page 3, line 11, leave out ("considered dismissing") and insert ("been minded to dismiss")
	After Clause 3
	BY THE EARL HOWE
7	Insert the following new Clause--
	(" . Where the Secretary of State-- (a) provisionally includes an individual in the list in accordance with section 2(4)(b) above; (b) confirms the inclusion of an individual in the list in accordance with section 2(6) above; or (c) includes an individual in the list in accordance with section 3(3) above, he may, if he thinks fit for the purpose of protecting a child from harm or the risk of harm-- (i) notify the Social Services Department responsible for the area in which the individual resides, or (ii) notify an organisation employing the individual, of such inclusion or confirmation.")	Notification of inclusion by Secretary of State.
8	Insert the following new Clause--
	(" . Where a child care organisation, or any other organisation, is made aware that an individual who is employed in a child care position is included (otherwise than provisionally) on the list and by reason of that discovery either dismisses him or transfers him to a position within the organisation which is not a child care position, that organisation shall not thereby be rendered liable to civil proceedings on the grounds of unfair or constructive dismissal (as the case may be).")	Liability for civil proceedings on grounds of dismissal.
	Clause 6
	BY THE EARL HOWE
9	Page 5, line 39, leave out ("may") and insert ("shall")
10	Page 5, line 42, leave out ("may") and insert ("shall")
	After Clause 7
	BY THE LORD MESTON
11	Insert the following new Clause--
	(" . Where-- (a) in any family proceedings within the meaning of section 8 of the Children Act 1989 a welfare officer or guardian or litigation friend appointed by the court, or a local authority enquiring into the circumstances of a child, is directed by the court or otherwise reasonably requires to investigate the suitability of any individual in a child care position; or (b) a local authority exercising its duties under sections 17, 22 or 47 of that Act reasonably requires to investigate the suitability of any such individual, the person or authority so directed or requiring to investigate shall ascertain whether the individual is included in the lists referred to in section 7 above.")	Searches of both lists in certain cases.
	Clause 10
	BY THE EARL HOWE
	The Earl Howe gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill.
	After Clause 10
	BY THE LORD MESTON
12	Insert the following new Clause--
	(" . The Secretary of State shall by regulation make provision for a person searching the list kept under section 1 above or the list kept for the purpose of regulations made under section 218(6) of the 1988 Act, or applying under subsection (3A) of section 113 of the Police Act 1997, to be informed if an individual is included on any comparable list held elsewhere in the British Islands.")	Person searching list to be informed of comparable lists.