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The Lord Bishop of Winchester: My Lords, it is making too much of myself to say that I support the
point made by the noble Earl, Lord Russell, but it was the point that I had intended to make—although I should have done so without his erudition and charm. It seems to me that this is not the way to introduce a provision that is very similar to the civil partnerships proposals—on a side-wind in a Bill dealing with quite a different matter. Having participated in the debate in this House in January, it seems to me that this would to some extent have that kind of effect. I am grateful to the noble Earl for putting that so beautifully. That would be one reason why I should regret it were the amendment to be accepted.The second reason is that, as the Bill stands, the amendment seems to relate to matters on which married couples have already made a commitment. In addition, given the terms of the Bill as it stood before the vote on the previous amendment, again we return to the question of civil partnerships.
My third and final point is a matter of detail. I am sure that if the noble Lord were to table this amendment again, he would reconsider the last words of paragraph (b):
- "until it"—
- "reaches the age of majority",
- "the child's welfare, throughout his life".
Work is going on in government to carry out an investigation into the implications of establishing a partnership registration scheme. It is presently comprised of cross-departmental work. The Cabinet Office is leading in terms of following up the issues identified. I cannot give a date as regards the conclusions of the review, but work is under way. Some of the wider issues raised by the noble Lord fall much more to be dealt with in that context.
A further substantive issue is that some of the principles referred to by the noble Lord in terms of attempting to assess whether a couple or a single person— in this case, couples—should be approved as adopters enter into the adopter assessment process.
In terms of a joint application to adopt, I recognise that, following the vote on the previous amendment, the noble Lord is suggesting that this proposal will now relate to married couples, and I accept that. There is no doubt that the regulations falling within the scope of Clause 45, accompanied by guidance, will aim to ensure that in the interests of children only couples in stable and lasting relationships will be approved as suitable to adopt jointly.
Similarly, whether the prospective adopters are single or whether they are couples, they will not be approved to adopt unless they can demonstrate that
they can provide a stable and loving home for a child. For any couple to become adoptive parents, they will need to prove not only that they can provide a loving and stable family relationship, but that their own relationship is sound and is likely to be lasting. As part of the fundamental review of the adopter assessment process which we published last week for consultation, we are consulting on the criteria that should be used by adoption agencies in assessing relationship stability.Amendment No. 52 seeks to insert a subsection addressing the issue of a legal commitment to be signed by prospective adopters. The noble Lord's amendment does not cover the detail of such a legal commitment or whether it would be binding on the parties. In any event, I am advised that it is unlikely that such an agreement could be binding on the court.
Clause 1 of the Bill makes child welfare the paramount consideration for a court or an adoption agency in coming to any decisions relating to the adoption of a child. If the noble Lord's amendment seeks to ensure that prospective adopters have signed a legal commitment to each other, I want to reassure him that the adopter assessment process will examine all aspects of the commitment between prospective adopters, including any form of legal commitment that they have made to each other. The powers in Clause 45 would enable us to make regulations to require adoption agencies explicitly to consider any legal commitments between the prospective adopters should that be considered appropriate following consultation.
Only prospective adopters who can demonstrate that they have a stable and lasting relationship will be approved to adopt jointly. But in debating this issue we must ensure that the commitment of prospective adopters is considered only in the context of their suitability to adopt jointly. As I have said, we need to be careful not to pre-empt the outcome of the work being carried out across government on civil partnerships more generally.
Amendment No. 53 concerns the issue of financial security. We are clearly interested in the legal relationship between the child and each of his or her adoptive parents, and the adoptive parents' intended provision for the child, rather than the formal and legal relationship between the adoptive parents themselves. Even if the adoptive parents split up, the child will still have a legal relationship with each of the adopters, and the protection that goes with it. The provisions on financial relief in Schedule 1 to the Children Act 1989, which provide for courts to order maintenance or lump-sum payments by parents, will apply. That will help to protect the child in many ways.
Lord Campbell of Alloway: My Lords, I thank the noble Lord for giving way. I apologise for not being present earlier. Will not the drafting of Amendments Nos. 52 and 53 have to be revised in the light of the previous decision?
Lord Hunt of Kings Heath: My Lords, the noble Lord, Lord Northbourne, must respond to that point in his winding-up speech. In fairness to the noble Lord,
whatever the technical merits or otherwise of the amendments, he made the point that his proposal should apply to married couples and unmarried couples. He will no doubt wish to reflect on the point raised by the noble Lord, Lord Campbell of Alloway.In conclusion, many of the substantive issues raised by the noble Lord fall to be dealt with under general discussion on civil registration and partnership. However, some of the issues concerning an evaluation of the couple's suitability to adopt children are best addressed in the adopter assessment process. As part of the consultation, I shall make sure that his views are considered to see whether we need to reflect them in the final document that we produce.
Lord Northbourne: My Lords, I am most grateful to the Minister. I am in a strange position, because the argument should really be between the Minister and the noble Earl, Lord Russell. The noble Earl said that it was unreasonable of me to assume that it was possible to identify relationships that would be successful in the future. However, the whole gravamen of what the Minister said throughout this afternoon's debate has been that assessment is key. Either an assessment works or it does not. It can be made to work, but only to a point; and it must not be relied on entirely. Furthermore, anything that can be done to strengthen that assessment must be in the interests of all the parties including the children.
Earl Russell: My Lords, the Minister's comments and mine were not entirely incompatible. I said that one could never be certain; the Minister said that one could calculate the odds. Many bookies appreciate the distinction.
Lord Northbourne: My Lords, that seems fair enough. The amendment was drafted some time ago, before the noble Lord sent me the consultation document, therefore it certainly would need to be reworded.
The arrangement that I envisaged in Amendment No. 52 was not necessarily legally binding, and it was certainly not a legally binding agreement. It was aimed at creating a meeting of the minds between the two partners, because it is easy when entering such a project, or even a business project, to try to be agreeable, optimistic and to avoid looking at the difficulties. The noble Lord has probably assured me that during the assessment process the respective adoptive parents will be forced to go through the snags, the difficulties and the problems, to make sure that they have openly discussed them, and to come to an agreement.
As regards Amendment No. 53, there is a difference between a contract between, on the one hand, a couple agreeing certain arrangements in the event of a breakdown of their situation, and, on the other hand, arrangements set by statute, which would involve going to court. The need to go to court and the horror that often arises in divorce cases are reasons why young people do not get married. A personal
commitment between the two people in advance of trouble starting is an alternative that should be explored in the context of adoption and perhaps during marriage preparation. I beg leave to withdraw Amendment No. 52.Amendment, by leave, withdrawn.
7.15 p.m.
Earl Howe moved Amendment No. 54:
- Page 28, line 39, at end insert—
The noble Earl said: My Lords, in Grand Committee I emphasised my belief that Clause 45 is pivotal. It is only two subsections long, but its contents have the potential to affect how the entire adoption process operates and how successful it is. Despite the importance of the subject matter, the rules and considerations governing the suitability of would-be adopters are not spelt out. They are to be left to regulations, so we cannot debate them. That is an unsatisfactory state of affairs. I appreciate that the laying of appropriate regulations depends in this case on the results of the Government's review of the adoption assessment process. Like other noble Lords, I regret that we do not have even a draft set of regulations before us as we debate the Bill. It was for those reasons that I suggested in Grand Committee that if ever there was a case for the affirmative resolution procedure to apply to a set of regulations, this was surely it.
Parliament as a whole ought to have the opportunity to debate the matters that this clause encompasses. They are the criteria that will govern an adoption agency's exercise of discretion about the suitability of prospective adopters and how they are matched. The need for stability and permanence in a couple's relationship is a central issue, but other factors are of prime importance also. When all are taken in combination, we must satisfy ourselves, as the noble Baroness, Lady Blatch, pointed out during an earlier debate, that the regulations include nothing that would serve to encourage anything other than clarity and objectivity of decision-making.
The Minister expressed sympathy with my position when we debated the question previously. He was kind enough to say that he would think about the matter. I hope that he has reached a favourable conclusion, and, at the very least, I hope that he can tell us in a little more detail about the likely scope of the regulations, bearing in mind his wish to maintain a balance between prescriptiveness and flexibility. I am sure that we understand that wish, but we do not necessarily understand where the Minister regards the balance as lying.
I cannot predict what the other place is likely to do with the amendments that the House agreed to earlier. They may reject them, and with that possibility at the back of my mind I hope that the Minister will allow me
Do the Government believe that period to be reasonable? If so, why? Why, for example, should there not be a longer period?
It is interesting, not to say a little disquieting, that in paragraph 5.38 the list of crucial factors to be used to assess couples leaves out one simple question, "Are you married?" Why is that question not there. The answer could only be—I should be glad to hear this from the Minister—that the document is based on the presumption that the amendments that we have just debated would not be carried and that in the assessment process as envisaged by the Government the fact of a couple's being married would carry no weight whatsoever. That is because all applicants, whether married, unmarried or of the same sex, would have to be treated equally. I should be grateful for clarification of that. I beg to move.
"( ) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament."
"a minimum of 2-4 years in terms of duration of relationship is often used as a benchmark by agencies".
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