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Baroness Andrews moved Amendment No. 144:
[Amendments Nos. 150 to 153 not moved.]
Clause 136 [Orders, rules and regulations]:
Lord McIntosh of Haringey moved Amendment No. 154:
My amendment is about language. Of course it is clear to us all that a birth parent can attend a hearing. But I am not convinced that many birth parents, for whom the adoption of their child will be a difficult and emotional matter, will read beyond the bit about them not needing to attend unless the court requires it. In short, the message needs to be more positive and welcoming. In most cases birth parents should be encouraged rather than discouraged.
We discussed the matter in Grand Committee when this amendment had the distinction of being the last amendment to be debated. The Minister explained that under the existing regulations the letters of notification sent to parents were a little more inviting than the language of the Bill implies and she said that there was no reason why consultation should not take place before the new court rules were issued under the Bill, once it is an Act. But she also graciously said that she would look further at whether the Bill could make explicit the underlying thrust of my amendment.
I have tabled the amendment again in the hope of hearing a little more about that from the Minister. The lack of a government amendment rather suggests that her advisers have said "No", which would be a pity. If that is the case, will the Minister give a commitment to consulting with the adoption and children's organisations before the new rules are finalised as there is certainly support for an approach which is more positive and inclusive than the dry words of the Bill imply? I beg to move.
Baroness Scotland of Asthal: My Lords, I am unhappy that I cannot give the noble Earl happier news. The reason is simple: if noble Lords look at Clause 137, it is not quite as negative as it appears at first glance. Subsection (3)(b) states:
Although the provision remains as phrased, I assure the noble Earl that, in accordance with good practice, the issue shall be dealt with sensitively. Sometimes the local authority will nuance the letter depending on the nature of the parent who is to receive it. We will certainly consult on the rules before they are published, if that assists the noble Earl. We understand why he has expressed these concerns.
Earl Howe: My Lords, I am grateful to the Minister for all that she has said. I accept her assurance completely. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 138 [Supplementary and consequential provision]:
[Amendment No. 157 not moved.]
Clause 140 [General interpretation, etc.]:
Lord Hunt of Kings Heath moved Amendment No. 158:
On Question, amendment agreed to.
[Amendment No. 159 not moved.]
The Deputy Speaker [Viscount Simon]: My Lords, in calling Amendment No. 160 I must advise your Lordships that if the amendment is agreed to, I cannot call Amendments Nos. 162 to 164 inclusive due to pre-emption.
"62 In section 33 (effect of care order)—
(a) in subsection (3)(b), for "a parent or guardian of the child" there is substituted "—
(i) a parent, guardian or special guardian of the child; or
(ii) a person who by virtue of section 4A has parental responsibility for the child,",.
(b) in subsection (5), for "a parent or guardian of the child who has care of him" there is substituted "a person mentioned in that provision who has care of the child",
(c) in subsection (6)(b)—
(i) sub-paragraph (i) is omitted,
(ii) in sub-paragraph (ii), for "section 55 of the Act of 1976" there is substituted "section 84 of the Adoption and Children Act 2002",
(d) in subsection (9), for "a parent or guardian of the child" there is substituted "a person mentioned in that provision"."
Page 104, line 25, at end insert ", and
(b) after subsection (1)(b) there is inserted—
"(ba) any person who by virtue of section 4A has parental responsibility for him;""
Page 105, line 34, at end insert—
"( ) after sub-paragraph (8) there is inserted—
"(9) This paragraph does not apply to a local authority placing a child for adoption with prospective adopters"."
On Question, amendments agreed to.
[Amendments Nos. 139 to 143 not moved.]
Page 109, line 29, at end insert—
23 Oct 2002 : Column 1422
"In section 23 (standards), at the end of subsection (4)(d) there is inserted "or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or section 9 of the Adoption and Children Act 2002".
The noble Baroness said: My Lords, Amendment No. 144 amends the Care Standards Act 2000 to provide that the national minimum standards are to be taken into account in proceedings for an offence against a voluntary adoption agency either under Section 9(4) of the Adoption Act 1976 or Clause 9 of the Bill. Proceedings may be brought against a voluntary adoption agency for a breach of any regulations which are made under Section 9(2) of the 1976 Act. Regulations will be made under Section 9(2) in relation to voluntary adoption agencies similar to those made under Section 22 of the Care Standards Act in relation to fostering.
Those regulations cover issues such as the persons who are fit to manage an agency, the fitness of premises and so on; they regulate the way the agency is to be run. The draft regulations for voluntary adoption agencies have been issued for consultation along with the draft national minimum standards. Similarly, regulations will be made under Clause 9, as amplified by Clause 10, covering the same sorts of issues in relation to the running of adoption agencies and adoption support agencies.
The national minimum standards expand on and explain what is required in the regulations. For example, one of the draft regulations requires a voluntary adoption agency to provide the registration authority with a statement of purpose. Standard 1 of the draft national minimum standards sets out what should be included in the statement of purpose. Draft standard 2 sets out the skills required to manage an agency.
Therefore if the registration authority is to judge whether the agency has breached a regulation it will be important to refer to the appropriate standard in the national minimum standards to be clear what is expected. It is essential for the registration authority to be able to take the national minimum standards into account when bringing a prosecution for a breach of the regulations. On that basis I hope that your Lordships will be able to accept the amendment. I beg to move.
On Question, amendment agreed to.
Schedule 4 [Traditional and transitory provisions and savings]:
[Amendments Nos. 145 to 147 not moved.]
Lord McIntosh of Haringey moved Amendment No. 148:
Page 116, line 2, at end insert—
Baroness Barker moved Amendment No. 149:
(1) The power of the court under paragraph 4(1) of Schedule 1 to amend an order on the application of the adopter or adopted person includes, in relation to an order made before 1st April 1959, power to make any amendment of the particulars contained in the order which appears to be required to bring the order into the form in which it would have been made if paragraph 1 of that Schedule had applied to the order.
(2) In relation to an adoption order made before the commencement of the Adoption Act 1976, the reference in paragraph 4(3) of that Schedule to paragraph 1(2) or (3) is to be read—
(a) in the case of an order under the Adoption of Children Act 1926, as a reference to section 12(3) and (4) of the Adoption of Children Act 1949,
(b) in the case of an order under the Adoption Act 1950, as a reference to section 18(3) and (4) of that Act,
(c) in the case of an order under the Adoption Act 1958, as a reference to section 21(4) and (5) of that Act."
On Question, amendment agreed to.
Page 116, line 4, leave out paragraph 19.
On Question, amendment agreed to.
Page 80, line 18, at end insert—
Earl Howe moved Amendment No. 156:
"( ) under section 9 which includes provision made by virtue of section 45(2),"
On Question, amendment agreed to.
Clause 137 [Rules of procedure]:
[Amendment No. 155 not moved.]
Page 81, line 19, leave out from "that" to end of line 20 and insert "the person may attend and be heard"
The noble Earl said: My Lords, this amendment concerns the rules of procedure which will cover adoption and placement hearings. Clause 137 says that notification of a hearing is required to be given to those
whose consent is required; that is, largely birth parents, but the notice must say that the person need not attend unless the court requires it or the person wishes it.
"of the fact that, unless the person wishes or the court requires".
It is phrased thus because on occasion the court will wish to order that someone attends. We understand that this is a delicate moment for parents who may wish not to attend. One does not wish to put undue pressure on them, particularly if they have already gone through traumatic proceedings.
Page 83, line 43, at end insert—
""fee" includes expenses"
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