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The Earl of Lindsay moved Amendment No. 124:


Page 55, line 10, leave out from ("child") to end of line 13.

5 Jul 1995 : Column 1208

On Question, amendment agreed to.

Clause 69 [Transfer of child subject to supervision requirement in case of necessity]:

The Earl of Lindsay moved Amendment No. 125:


Page 55, line 25, leave out subsection (3).

The noble Earl said: My Lords, I spoke to Amendments Nos. 124 and 125 when moving Amendment No. 20. I beg to move.

On Question, amendments agreed to.

Clause 70 [Duration and review of supervision requirement]:

The Earl of Lindsay moved Amendment No. 126:


Page 56, line 2, at end insert:
("(4A) Where the relevant local authority are aware that an application has been made and is pending, or is about to be made, under section 12 of the said Act of 1978 for an adoption order in respect of a child who is subject to a supervision requirement, they shall forthwith refer his case to the Principal Reporter.").

The noble Earl said: My Lords, this group of amendments includes Amendments Nos. 129, 134, 135, 138, 174, 178 and 179. They represent a useful addition to the legislation governing both adoption and supervision of children who have been before a children's hearing. Social work practitioners in the field of child care may see from time to time differences of opinion arise between the local authority and the children's hearing as to the arrangements which should be made for the future of the child. The local authority, for example, may be considering a permanent placement by pursuing the possibility of adoption while the hearing may consider that, with further assistance, the child could be reunited with his original family.

Clearly it is desirable that all parties involved should have a clear and unambiguous understanding of what is best for the child. However, in the event of disagreement the welfare of the child would be best served through speedy resolution. These amendments address this situation. It may be that the circumstances which these amendments address will arise only occasionally, but they represent important safeguards for children and as such I hope that your Lordships will welcome them. I beg to move.

The Earl of Balfour: My Lords, I wish to refer to Amendment No. 138. When we come to reprint the Bill at the end of these procedures could I suggest the wording:


    "Under Section 12 or 18 of the said Act of 1978".

Section 12 should, I think, come before Section 18 and not after it; otherwise, I am perfectly happy with these amendments. I refer to what is really a small printing correction.

The Earl of Lindsay: My Lords, that is a suggestion that we shall certainly want to look at. I am grateful to my noble friend.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 127 and 128:


Page 56, line 3, leave out subsection (5).
Page 56, line 16, at end insert ("and to the relevant local authority").

5 Jul 1995 : Column 1209

The noble Earl said: My Lords, both Amendments Nos. 127 and 128 were spoken to when moving Amendment No. 20. I beg to move.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendment No. 129:


Page 56, line 20, at end insert ("or (4A)").

The noble Earl said: My Lords, I have just spoken to Amendment No. 129 when moving Amendment No. 126. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 130:


Page 56, line 32, at end insert:
("(aa) where they are satisfied that in order to complete the review of the supervision requirement it is necessary to have a further investigation of the child's case, continue the review to a subsequent hearing;").

The noble Earl said: My Lords, Amendments Nos. 130 and 132 are minor amendments which would introduce flexibility into Clause 70 to ensure that it works effectively. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 131:


Page 56, line 34, leave out from ("requirement") to end of line 35.

The noble Earl said: My Lords, this is a minor but important amendment. Amendment No. 166 defines a supervision requirement as including any condition contained in such a requirement or related to it. This makes it clear that any variation of the terms of a supervision requirement will also embrace the variation of any conditions attached to that requirement. Amendment No. 131 which I am moving and Amendments Nos. 133 and 155 are consequential to Amendment No. 166. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 132:


Page 56, line 39, at end insert:
("(9A) Subsections (3) to (9) of section 66 of this Act shall apply to a continuation under paragraph (aa) of subsection (8) above of a review of a supervision requirement as they apply to the continuation of a case under subsection (1) (a) of that section.").

The noble Earl said: I spoke to this with Amendment No. 130. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 133 to 135:


Page 56, line 40, leave out ("or condition").
Page 57, line 5, after ("(4) (c)") insert ("or (4A)").
Page 57, line 9, after ("adoption") insert ("or the application, or prospective application, under section 12 of that Act").

The noble Earl said: My Lords, I spoke to Amendment No. 133 when moving Amendment No. 131. I spoke to Amendments Nos. 134 and 135 when moving Amendment No. 126. I beg to move the amendments en bloc.

On Question, amendments agreed to.

The Earl of Lindsay moved Amendment No. 136:


Page 57, line 9, leave out ("make") and insert ("require to come to a decision").

5 Jul 1995 : Column 1210

The noble Earl said: My Lords, Amendments Nos. 136, 137 and 139 are essentially of a technical nature. They require the court to consider the report before making a decision on an application and not merely therefore when making a determination following an application. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendments Nos. 137 to 139:


Page 57, line 10, leave out ("a determination").
Page 57, line 13, after ("18") insert ("or 12").
Page 57, line 15, leave out ("making a determination") and insert ("coming to a decision").

The noble Earl said: My Lords, I spoke to Amendments Nos. 137 and 139 when moving the previous amendment. I spoke to Amendment No. 138 when moving Amendment No. 126. I beg to move the amendments en bloc.

On Question, amendments agreed to.

Clause 72 [Powers of Secretary of State with respect to secure accommodation]:

The Earl of Lindsay moved Amendment No. 140:


Page 58, line 25, leave out ("the parents of") and insert ("any person with parental responsibilities in relation to").

The noble Earl said: My Lords, the amendment is a sensible and necessary improvement to the drafting of subsection (6) (c). I beg to move.

On Question, amendment agreed to.

Clause 73 [Exclusion orders]:

The Earl of Lindsay moved Amendment No. 141:


Page 59, line 2, leave out ("and sections 74 to 77") and insert (", sections 74 to 76 and section 88(2A) (f)").

The noble Earl said: My Lords, I spoke to the amendment when moving Amendment No. 74. I beg to move.

On Question, amendment agreed to.

[Amendment No. 142 not moved.]

The Earl of Lindsay moved Amendments Nos. 143 and 144:


Page 59, line 9, leave out from ("served") to ("of") in line 10 and insert ("in accordance with rules making such provision as is mentioned in section 88(2A) (d)").
Page 59, line 19, leave out ("77(2) (c)") and insert ("88(2A) (e)").

The noble Earl said: My Lords, I spoke to Amendments Nos. 143 and 144 when moving Amendment No. 74. I beg to move.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 145:


Page 59, line 20, leave out from ("subsection") to ("within") in line 22.

The noble and learned Lord said: My Lords, in moving Amendment No. 145 I shall speak also to Amendment No. 147. The amendments effect a necessary technical rationalisation of the provisions in relation to interim exclusion orders. I beg to move.

On Question, amendment agreed to.

The Earl of Lindsay moved Amendment No. 146:


Page 59, line 23, leave out (77(2) (c)") and insert ("88(2A) (e)").

5 Jul 1995 : Column 1211

The noble Earl said: My Lords, I spoke to this amendment with Amendment No. 74. I beg to move.

On Question, amendment agreed to.


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