Amendments proposed to the Adoption and Children Bill - continued House of Commons

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Tim Loughton
Robert Walter
Henry Bellingham
Jonathan Djanogly
Julian Brazier

247

Clause     103,     page     53,     line     35,     leave out 'may' and insert 'must'.


   

Jacqui Smith

268

*Schedule     4,     page     96,     line     22,     leave out from beginning to 'not' and insert 'Paragraph 36 of Schedule 3 does'.

   

Jacqui Smith

269

*Schedule     4,     page     96,     line     29,     leave out '75' and insert '72'.

   

Jacqui Smith

270

*Schedule     4,     page     96,     line     33,     leave out '79' and insert '76'.


   

Mr Andrew Turner

11

Clause     126,     page     70,     line     20,     at end insert—

    '( )   In the case of an application for a placement order, for the variation or revocation of such an order, or for an adoption order, the rules must require that the court or adoption agency make available to the legal representatives of the parent or guardian of any child subject to such an application all records used by the court or adoption agency in relation to that proceeding.'.

   

Sandra Gidley

243

Clause     126,     page     70,     line     24,     after '(4)', insert 'and the child'.


   

Jacqui Smith

262

*Clause     127,     page     71,     line     24,     at end insert—

    '( )   The power of the Registrar General to make regulations under Chapter 5 of Part 1 may, with the approval of the Chancellor of the Exchequer, be exercised so as to make—

      (a) any supplementary, incidental or consequential provision,

      (b) any transitory, transitional or saving provision,

       which the Registrar General considers necessary or expedient'.


   

Jacqui Smith

263

*Clause     133,     page     73,     line     26,     leave out 'and' and insert 'to'.

   

Jacqui Smith

264

*Clause     133,     page     73,     line     30,     leave out 'Section 120' and insert 'Sections 120 and [Amendment of Adoption (Scotland) Act 1978: overseas adoptions],'.

   

Jacqui Smith

265

*Clause     133,     page     73,     line     32,     at end insert—

    '( )   Paragraph 15 of Schedule 4 and, so far as relating to that paragraph, section 124 (2) are to come into force on such day as the Scottish Ministers may by order appoint.'

   

Jacqui Smith

266

*Clause     133,     page     73,     line     33,     leave out '3(4)' and insert '3(3) and (4)'.

   

Jacqui Smith

231

Clause     133,     page     73,     line     33,     after '51(1) to (3)', insert '[Disclosing information during adoption process]'.

   

Jacqui Smith

232

Clause     133,     page     73,     line     33,     after '62', insert '[Disclosing protected information about adults] and [Disclosing protected information about children]'.


   

Jacqui Smith

267

*Clause     134,     page     74,     line     3,     at end insert—

    '( )   So far as relating to provisions extending to Scotland, section 124 extends also to Scotland.

    ( )   In Schedule 4, paragraph 15 extends only to Scotland'.


REMAINING NEW CLAUSES

Disclosing information during adoption process

   

Jacqui Smith

NC6

To move the following Clause:—

          '(1)   Regulations under section 9 may require adoption agencies in prescribed circumstances to disclose in accordance with the regulations prescribed information to prospective adopters.

          (2)   In this section, "prescribed" means prescribed by regulations'.


Disclosing protected information about adults

   

Jacqui Smith

NC7

To move the following Clause:—

          '(1)   This section applies where—

          (a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and

          (b) none of the information is about a person who is a child at the time of the application.

          (2)   The agency is not required to proceed with the application unless it considers it appropriate to do so.

          (3)   If the agency does proceed with the application it must take all reasonable steps to obtain the views of any person the information is about as to the disclosure of the information about him.

          (4)   The agency may then disclose the information if it considers it appropriate to do so.

          (5)   In deciding whether it is appropriate to proceed with the application or disclose the information, the agency must consider—

          (a) the welfare of the adopted person,

          (b) any views obtained under subsection (3),

          (c) any prescribed matters,

        and all the other circumstances of the case.

          (6)   This section does not apply to a request for information under section 58(2)'.


Disclosing protected information about children

   

Jacqui Smith

NC8

To move the following Clause:—

          '(1)   This section applies where—

          (a) a person applies to the appropriate adoption agency for protected information to be disclosed to him, and

          (b) any of the information is about a person who is a child at the time of the application.

          (2)   The agency is not required to proceed with the application unless it considers it appropriate to do so.

          (3)   If the agency does proceed with the application, then, so far as the information is about any person who is at the time a child, the agency must take all reasonable steps to obtain—

          (a) the views of any parent or guardian of the child, and

          (b) the views of the child, if the agency considers it appropriate to do so having regard to his age and understanding and to all the other circumstances of the case,

        as to the disclosure of the information.

          (4)   And, so far as the information is about any person who has at the time attained the age of 18 years, the agency must take all reasonable steps to obtain his views as to the disclosure of the information.

          (5)   The agency may then disclose the information if it considers it appropriate to do so.

          (6)   In deciding whether it is appropriate to proceed with the application, or disclose the information, where any of the information is about a person who is at the time a child—

          (a) if the child is an adopted child, the child's welfare must be the paramount consideration,

          (b) in the case of any other child, the agency must have particular regard to the child's welfare.

          (7)   And, in deciding whether it is appropriate to proceed with any application or disclose any information, the agency must consider—

          (a) the welfare of the adopted person (where subsection (6)(a) does not apply),

          (b) any views obtained under subsection (3) or (4),

          (c) any prescribed matters,

        and all the other circumstances of the case.

          (8)   This section does not apply to a request for information under section 58(2)'.


Amendment of Adoption (Scotland) Act 1978: overseas adoptions

   

Jacqui Smith

NC17

*To move the following Clause:—

       'In section 65 of the Adoption (Scotland) Act 1978 (interpretation), for subsection (2) there is substituted—

          "(2)   In this Act, "overseas adoption" means an adoption of a description specified by an order made by the Scottish Ministers.

          (2A)   The description specified by an order under subsection (2) shall be a description of adoptions of children which—

          (a) appear to the Scottish Ministers to be effected under the law of any country or territory outside the British Islands;

          (b) are not Convention adoptions; and

          (c) meet any requirements prescribed by regulations made by the Scottish Ministers.

          (2B)   In subsection (2A), "children" includes persons who were children at the time the adoption was applied for.

          (2C)   An order under subsection (2) may contain provision as to the manner in which evidence of any overseas adoption may be given.

          (2D)   Any reference in this Act to an overseas adoption includes a reference to an adoption—

          (a) of such description as is specified in an order made, or having effect as if made, under subsection (2) before the coming into force of section [Amendment of Adoption (Scotland) Act 1978: overseas adoptions] of the Adoption and Children Act 2002; and

          (b) effected before the coming into force of that section.".'


Interviews with children

   

Mr Andrew Turner

NC1

To move the following Clause—

    '   In the case of an application for a placement order, for the variation or revocation of such an order, or for an adoption order, no interview which is conducted with a child shall be relied upon in proceedings unless supported by a video or audio recording of that interview.'.


Considerations applying to the exercise of powers

   

Tim Loughton
Mr Julian Brazier
Mr Henry Bellingham
Mr Robert Walter
Mr Jonathan Djanogly
Mr Elfyn Llwyd

NC2

     To move the following Clause:—

    '(1)   This section applies whenever a court or adoption agency is coming to a decision relating to the adoption of a child other than in proceedings under Part IV of the Children Act 1989.

    (2)   The child's welfare throughout his life shall be the paramount consideration.

    (3)   At all times when any question with respect to the adoption of a child arises, the court or adoption agency shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

    (4)   The court or adoption agency shall have regard in particular to—

      (a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

      (b) his physical, emotional and educational needs;

      (c) the likely effect on him (throughout his life) of any changes in his circumstances;

      (d) his age, sex, background and any characteristics of his which the court considers relevant;

      (e) any harm which he has suffered or is at risk of suffering;

      (f) the relationship which the child has with relatives (including mother, father, siblings or half-siblings) and any other person in relation to whom the court or adoption agency considers the relationship (legal or otherwise) to be relevant, including:

            (i)   the likelihood of any such relationship continuing and the value to the child of its doing so,

            (ii)   the capability of any such person to meet the child's needs,

            (iii)   the wishes and feelings of any such person regarding the child.

      (g) the range of powers available under this Act and under the Children Act 1989 and the principle that the court shall not make any order unless it considers that making the order would be better for the child than not doing so.

    (5)   In placing the child for adoption, the adoption agency must give due consideration to the child's religious persuasion, racial origin and cultural and linguistic background, subject to the proviso that such consideration shall be secondary to the matters to be considered in subsections (2) and (3).

    (6)   In this section, "coming to a decision relating to the adoption of a child" in relation to a court includes—

      (a) coming to a decision in any proceedings other than those under Part IV of the Children Act 1989 where the orders that might be made by the court include an adoption order or placement order or the revocation of a placement order or an order dispensing with parental consent,

      (b) coming to a decision about granting leave in respect of any action which may be taken by an adoption agency or individual under this Act other than the initiation of proceedings in any court.'.

 
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