Session 2009-10
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Children, Schools and Families Bill [HL]



AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 2

EARL OF LISTOWEL

The Earl of Listowel gives notice of his intention to oppose the Question that Clause 2 stand part of the Bill.

Clause 11

LORD ALTON OF LIVERPOOL

Page 13, line 26, at end insert “that is given in such a manner as to encourage pupils to have due regard to ethical considerations and the value of human life”

Page 14, line 17, at end insert—

“( ) This section shall not come into force until the Secretary of State has consulted such persons as he thinks fit including, in particular, persons who have a wide knowledge or experience in the fields of law, social work, philosophy and religion as well as medicine or science, and including both men and women.”

Clause 12

LORD ALTON OF LIVERPOOL

Page 14, line 38, at end insert—

“(4A) The guidance issued under subsection (4) shall be made by statutory instrument and shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, both Houses of Parliament.

(4B) When the Secretary of State proposes to make the first regulations under (4A), he shall consult with such persons and representative organisations as he thinks fit, including, in particular, persons who have wide knowledge or experience in the fields of law, social work, philosophy and religion as well as medicine or science and including both men and women, before laying before each House of Parliament a statement explaining his proposals.

(4C) No draft of the regulations shall be laid before Parliament for approval under subsection (4A) until after the expiration of the period of three months beginning with the day on which the statement was laid (or, if the statement was laid before the two Houses on different days, with the later of the two days).

(4D) At the end of the period of three years beginning with the day on which the statutory instrument came into force, it shall expire unless its continuation in force has been approved by a resolution of each House of Parliament.”

Page 14, line 42, at end insert—

“( ) This section shall not come into force until the Secretary of State has consulted such persons as he thinks fit including, in particular, persons who have a wide knowledge or experience in the fields of law, social work, philosophy and religion as well as medicine or science, and including both men and women.”

Clause 13

LORD ALTON OF LIVERPOOL

Page 15, line 25, at end insert—

“( ) the importance of ethical considerations and the value of human life”

Page 16, line 2, at end insert—

“( ) This section shall not come into force until the Secretary of State has consulted such persons as he thinks fit including, in particular, persons who have a wide knowledge or experience in the fields of law, social work, philosophy and religion as well as medicine or science, and including both men and women.”

After Clause 14

LORD ALTON OF LIVERPOOL

Insert the following new Clause—

“Conscientious objection to participation in PSHE

(1) No teacher shall be required nor be under any duty, whether by contract or by any statutory or other legal requirement, to participate in PSHE unless he has signed a declaration that he has no conscientious objection to participation in such PSHE.

(2) In this Section, PSHE means personal, social, health and economic education.”

Insert the following new Clause—

“Conscientious objection to participation in teaching required by sections 11 to 14

(1) No person shall be disqualified from holding a teaching appointment by reason of his having a conscientious objection to participating in any teaching or other action required by sections 11 to 14.

(2) No person holding such an appointment shall receive any less emolument or be deprived of, or be disqualified from, any promotion or other advantages by reason of the fact that he has such conscientious objection.

(3) No advertisement for such a teaching post shall have any requirement to participate in PSHE.”

Insert the following new Clause—

“Duty to secure balanced treatment of euthanasia or end of life issues

After section 407 of the Education Act 1996, insert—

“407A(1) The local education authority, governing body and head teacher of a school shall take such steps as are reasonably practicable to secure that where end of life issues are brought to the attention of pupils while they are—

(a) in attendance at a maintained school, or

(b) taking part in extra-curricular activities which are provided or organised for registered pupils at the school, by or on behalf of the school, they are offered a balanced presentation of opposing views.

(2) In this section “maintained school” includes a maintained special school established in a hospital.””

Insert the following new Clause—

“Euthanasia and other issues: manner of provision

After section 403 of the Education Act 1996, insert—

“403A The local education authority, governing body and head teacher of a school shall take such steps as are reasonably practicable to secure that where end of life issues are brought to the attention of any registered pupils at a maintained school, they are taught in such a manner as to encourage those pupils to have due regard to moral considerations and the value of human life.””

Insert the following new Clause—

“Referendum in schools before commencement of sections 11 to 14

(1) Before sections 11 to 14 come into force, a referendum shall be held of all parents who have children registered in schools throughout England and Wales on a day specified by an order made by a Minister of the Crown.

(2) The question to be asked in the referendum is—

“Should sections 11 to 14 of the Children, Schools and Families Act 2010 come into force?”

(3) Sections 11 to 14 of this Act shall not be brought into force unless the result of the referendum is that a simple majority answer “yes” to the question.

(4) A Minister of the Crown may by order make provision in relation to the referendum which—

(a) determines the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000;

(b) requires ballot papers to be used by voters in Wales, after having set out the question and the possible answer in English, to set them out again, with equal prominence, in Welsh;

(c) makes provision in relation to the conduct of the referendum, entitlement to vote in the referendum and legal challenge to the referendum result.

(5) Every power of a Minister of the Crown to make an order under this section shall be exercisable by statutory instrument.

(6) An order under this section may be made only if a draft of the order has been—

(a) laid before Parliament; and

(b) approved by a resolution of each House.””

Insert the following new Clause—

“Independent public inquiry before commencement of sections 11 to 14

(1) No provision of sections 11 to 14 shall come into force prior to the findings of an independent public inquiry (“the inquiry”) which shall be established by the Secretary of State and shall report within twelve months of the day on which this Act receives Royal Assent.

(2) In making appointments to the inquiry, the Secretary of State shall have regard to the desirability of ensuring that the proceedings of the inquiry, and the discharge of its functions, are informed by the views of persons having wide knowledge or experience in the fields of law, social work, philosophy and religion as well as medicine or science and by the views of both men and women.

(3) The Secretary of State shall lay the report from the inquiry before both each House of Parliament.

(4) The report from the inquiry shall be subject to debate and approval by each House of Parliament.”

Insert the following new Clause—

“Review of sections 11 to 14

(1) It shall be the duty of the Secretary of State to establish an independent review body to carry out the functions specified in subsections (4) to (6) below.

(2) The Secretary of State shall appoint at least nine people to be members of the independent review body.

(3) The independent review body shall elect a Chairman from amongst its members.

(4) The independent review body shall prepare such reports containing proposals relating to the operation of sections 11 to 14 of this Act, as the Secretary of State may direct.

(5) In making appointments to the independent review body, the Secretary of State shall have regard to the desirability of ensuring that the proceedings of its inquiries, and the discharge of its functions, are informed by the views of persons having wide knowledge or experience in the fields of law, social work, philosophy and religion as well as medicine or science, and by the views of both men and women.

(6) The independent review body must send a copy of any report prepared in accordance with the provisions of this section to the Secretary of State, who must then lay a copy before both Houses of Parliament.

(7) The report from the inquiry shall be subject to debate and approval by each House of Parliament.”

Insert the following new Clause—

“Duration

(1) Sections 11 to 14 shall continue in force until 31 July 2013 and shall then expire unless Parliament, by affirmative resolutions of both Houses, otherwise determines.

(2) Upon the expiration of sections 11 to 14, the law existing immediately prior to the passing of this Act shall operate as though these sections had not been passed.”

Insert the following new Clause—

“Law Commission to report on international legal developments

(1) Without prejudice to the generality of section 3 of the Law Commissions Act 1965 (Functions of the Law Commission and the Scottish Law Commission) it shall be the duty of the Law Commission to keep under review developments in the laws of other countries relating to PSHE.

(2) The Law Commission shall make an annual report to the Minister in the exercise of their duty under subsection (1), and the Minister shall lay that report before Parliament.

(3) In this section “the Minister” has the same meaning as in the Law Commissions Act 1965, and “PSHE” means personal, social, health and economic education as set out in the Children, Schools and Families Act 2010.”

After Clause 30

BARONESS WALMSLEY

LORD JUDD

BARONESS STERN

Insert the following new Clause—

“Reasonable punishment

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

(2) In section 58 (reasonable punishment), after subsection (4) insert—

“(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.””

Clause 33

BARONESS VERMA

LORD BATES

Page 29, line 29, at end insert “with the agreement of other interested parties related to the case”

Page 29, line 30, leave out “may permit” and insert “will always make clear that”

Clause 34

BARONESS VERMA

LORD BATES

Page 30, line 13, at end insert—

“( ) personal or sensitive financial information,”

Page 30, line 29, at end insert—

“( ) Condition 6 is that the publications shall not contain details of any written or oral disclosure by a child or any medical details of a child.”

Clause 35

BARONESS VERMA

LORD BATES

Page 30, line 41, after first “the” insert “wider”

Page 30, line 42, leave out “a person” and insert “any of the parties”

Page 31, line 9, leave out “involved in, referred to in or otherwise” and insert “directly”


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Prepared 26th March 2010