Children Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 27th April 2004, as follows—
Clause 1
Schedule 1
Clauses 2 to 13
Schedule 2
Clauses 14 to 33 | Schedule 3
Clauses 34 to 40
Schedule 4
Clauses 41 to 53 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 1* | Insert the following new Clause— |
| | "Qualifications for Commissioner |
| (1) | The Commissioner shall have had ten years practice as either— |
| (a) | a residential social worker; |
| (b) | a child psychotherapist; |
| | or equivalent professional practice in direct work with children. |
| (2) | The Commissioner shall have had experience of professional practice in direct work with children not less than one year prior to his appointment." |
| | THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS HOWE OF IDLICOTE
THE LORD PUTTNAM |
| 2 | Page 32, line 19, at end insert— |
| "( ) | The Secretary of State must take reasonable steps to involve— |
| (b) | such organisations concerned with children's rights and interests as he considers appropriate, |
| | in the process of appointment of the Commissioner." |
| | THE BARONESS WALMSLEY
THE LORD LESTER OF HERNE HILL |
| 3* | Page 32, line 19, leave out sub-paragraph (1) and insert— |
| "(1) | The Children's Commissioner shall be appointed by Her Majesty The Queen." |
| 4* | Page 32, line 22, leave out "the Secretary of State" and insert "Parliament" |
| 5* | Page 32, line 28, leave out "the Secretary of State" and insert "Her Majesty" |
| 6* | Page 32, line 29, leave out sub-paragraph (6) and insert— |
| "(6) | Her Majesty may remove the Children's Commissioner from office at his own request, or in consequence of Addresses from both Houses of Parliament to Her Majesty." |
| 7* | Page 32, line 34, leave out "The Secretary of State" and insert "Parliament" |
| | THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS HOWE OF IDLICOTE
THE LORD PUTTNAM |
| 8 | Page 33, line 31, leave out "and on such conditions (if any)" |
| | THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS HOWE OF IDLICOTE
THE LORD PUTTNAM |
| 9 | Page 1, line 8, leave out "awareness of the views" and insert "and safeguarding the rights" |
| 10* | Page 1, line 8, after "and" insert "best" |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS FINLAY OF LLANDAFF
THE LORD THOMAS OF GRESFORD |
| 11 | Page 1, line 9, leave out "the United Kingdom" and insert "England" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 12 | Page 1, line 11, leave out "encourage" and insert "require" |
| | THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS HOWE OF IDLICOTE
THE LORD PUTTNAM |
| 13 | Page 1, line 12, after "their" insert "rights," |
| 14 | Page 1, line 13, after second "the" insert "rights," |
| 15 | Page 1, line 14, leave out paragraph (c) and insert— |
| "(c) | review and report on the effectiveness of advice and advocacy services, complaints procedures, inspection and whistle-blowing arrangements so far as they relate to children;" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 16 | Page 1, line 15, at end insert— |
| "( ) | serve as a member of such other bodies to which he may be appointed having powers to direct, influence or otherwise participate in matters which may have particular effect on the interests and well-being of children" |
| | THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS HOWE OF IDLICOTE
THE BARONESS WHITAKER |
| 17 | Page 2, line 1, leave out paragraph (d) and insert— |
| "(d) | review and report on any other matter relating to the rights, views and interests of children" |
| 18 | Page 2, line 2, at end insert— |
| "( ) | promote and provide funds for research or pilot projects relating to the interests of children" |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS WALMSLEY |
| 19 | Page 2, line 2, at end insert— |
| "( ) | advise and consult with any department of government on matters relating to the interests of children" |
| | THE BARONESS WALMSLEY
THE LORD LESTER OF HERNE HILL |
| 20* | Page 2, line 2, at end insert— |
| "( ) | make representations to the Secretary of State about any matter affecting the rights or welfare of children" |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 21 | Page 2, line 2, at end insert— |
| "( ) | The power to research under subsection (2)(c) or (d) shall include the power for the Children's Commissioner to commission or sponsor the conduct of research by others on the matters to which those paragraphs refer as he thinks fit." |
| | THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS HOWE OF IDLICOTE |
| 22 | Page 2, line 3, leave out subsection (3) |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 23* | Page 2, line 4, after "of" insert "all" |
| | THE LORD LUCAS
THE EARL HOWE
THE BARONESS BYFORD |
| 24 | Page 2, line 5, at end insert— |
| | THE BARONESS HOWE OF IDLICOTE |
| 25 | Page 2, line 6, at end insert "including the need for a nutritious diet" |
| | THE EARL HOWE
THE BARONESS BYFORD |
| 26 | Page 2, line 8, leave out "and training" and insert ", play and recreation" |
| | THE LORD PENDRY
THE BARONESS SHARP OF GUILFORD |
| 27 | Page 2, line 8, at end insert ", play and recreation" |
| | THE LORD NORTHBOURNE
THE BARONESS HOWE OF IDLICOTE |
| 28 | Page 2, line 8, at end insert— |
| | THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 29 | Page 2, line 10, at end insert— |
| "( ) | their vulnerability to exploitation by forms of advertising or promotion of products or services which may be of particular interest to them." |
| | THE BARONESS HOWE OF IDLICOTE
THE BARONESS WALMSLEY
THE EARL HOWE |
| 30 | Page 2, line 10, at end insert— |
| "( ) | In exercising his function under this section, the Children's Commissioner must have due regard to— |
| (a) | the need, where opportunities for disabled children are not as good as those for other children, to promote equality of opportunity between disabled children and other children by improving opportunities for disabled children; and |
| (b) | the need to promote equality of opportunity between— |
| (i) | children of different racial groups, religions or beliefs, family status or sexual orientation; and |
| (ii) | between boys and girls generally." |
| | THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS HOWE OF IDLICOTE
THE LORD PUTTNAM |
| 31 | Page 2, line 17, at end insert— |
| "( ) | ensure that the content of any material issued by the Commissioner or his staff, whether printed or in electronic or other form, which is intended to be used by children, takes account, so far as practicable, of the means of communication, level of understanding and usual language of the intended recipients." |
| 32 | Page 2, line 17, at end insert— |
| "( ) | The Children's Commissioner may advise children who contact him about other sources of advice and help available to them, and may with the express permission of a child forward information to such sources." |
| | THE EARL HOWE
THE BARONESS BYFORD |
| 33 | Page 2, line 19, after "children" insert ", including in particular disabled children," |
| 34* | Page 2, line 19, after "children" insert "including in particular children looked after by a local authority and children and young people who have been so looked after" |
| | THE BARONESS HOWE OF IDLICOTE
THE BARONESS WALMSLEY |
| 35 | Page 2, line 21, leave out subsection (6) |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS WALMSLEY |
| 36 | Page 2, line 21, leave out "is not under this section to" and insert "may" |
| | THE LORD LUCAS
THE EARL HOWE
THE BARONESS BYFORD |
| 37 | Page 2, line 21, leave out subsection (6) and insert— |
| "( ) | Under this Part, the Children's Commissioner may not of his own volition conduct an investigation of the case of an individual child except as a part of an investigation into a wider question." |
| 38 | Page 2, line 22, at end insert— |
| "( ) | The Children's Commissioner may support and participate in a legal action on behalf of a child or children when, but only when, he considers that such an action is required to establish a point in law." |
| | THE BARONESS WALMSLEY
THE EARL HOWE
THE BARONESS HOWE OF IDLICOTE
THE LORD PUTTNAM |
| 39 | Page 2, line 25, leave out "may" and insert "must" |
| | THE LORD NORTHBOURNE
THE BARONESS HOWE OF IDLICOTE |
| 40* | Page 2, line 31, at end insert— |
| "( ) | "The interests of children" in this section shall be taken to mean the best interests of children." |
| | THE LORD LUCAS
THE EARL HOWE
THE BARONESS BYFORD |
| 41 | Page 2, line 31, at end insert— |
| "( ) | The Children's Commissioner may publish reports, promote discussions and maintain websites on any matter falling within his area of competency." |
| 42 | Page 2, line 31, at end insert— |
| "( ) | For the purpose of this section "children" includes young people in custody under the age of 21. |
| ( ) | For the purpose of this section "children" includes those young people for whom a local authority has duties under the Children (Leaving Care) Act 2000 (c. 35)." |
| | THE LORD NORTHBOURNE
THE BARONESS WALMSLEY
THE BARONESS SHARP OF GUILDFORD |
| 43 | Page 2, line 31, at end insert— |
| "( ) | The Children's Commissioner may insofar as he considers it to be in the best interests of a child or children, take account of the views of— |
| (a) | parents and others who have parental responsibility for a child; |
| (c) | general practitioners; and |
| 44* | Page 2, line 31, at end insert— |
| "( ) | The Children's Commissioner must have particular regard to the views and interests of children looked after by a local authority and to those of children and young people who have been so looked after." |
| | THE BARONESS BARKER
THE EARL OF NORTHESK
THE BARONESS WALMSLEY |
| 45* | Page 2, line 35, leave out "function under section 2" and insert "functions under sections 2 and 3" |
| | THE BARONESS HOWE OF IDLICOTE
THE BARONESS WALMSLEY
THE EARL HOWE |
| 46 | Page 2, line 42, at end insert "and an account of the steps taken by him to promote equality of opportunity" |
| | THE EARL HOWE
THE BARONESS BYFORD
THE BARONESS WALMSLEY |
| 47 | Page 2, line 44, leave out paragraphs (a) and (b) and insert "he must— |
| (a) | lay a copy before each House of Parliament; |
| (b) | simultaneously send a copy to the Secretary of State" |
| 48 | Page 3, line 1, after "report" insert "(together with a version of it which in his opinion will be easily understood by children over the age of twelve years)" |
| 49 | Page 3, line 2, leave out from "after" to end of line 3 and insert "he has discharged his function under subsection (3)" |
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