By the Select Committee appointed to report whether
the provisions of any bill inappropriately delegate legislative
power, or whether they subject the exercise of legislative power
to an inappropriate degree of parliamentary scrutiny; to report
on documents laid before Parliament under section 3(3) of the
Deregulation and Contracting Out Act 1994 and on draft orders
laid under section 1(4) of that Act; and to perform, in respect
of such documents and orders, the functions performed in respect
of other instruments by the Joint Committee on Statutory Instruments.
ADOPTION (INTERCOUNTRY ASPECTS) BILL
1. This private member's bill has been brought
from the Commons. The bill makes provision for giving effect to
the Convention concluded at the Hague on 29 May 1993 on intercountry
adoption (relevant provisions of the Convention are set out in
Schedule 1 to the bill).
2. Clause 1(1) provides for regulations to give
effect to the Convention and subsection (3) sets out the scope
of the regulations which are made subject to negative procedure
by subsection (4). The Committee considers that this provides
for the appropriate degree of parliamentary control.
3. Clause 1(5) extends all existing powers to
make subordinate legislation about adoption to allow provision
to be made for giving effect to the Convention. The existing legislation
will continue to specify the Parliamentary control which is to
4. Clause 3 substitutes a new section 17 in the
Adoption Act 1976 (and in the Adoption (Scotland) Act 1978). Under
this section an adoption order is a Convention adoption order
if it complies with requirements prescribed in regulations made
by the Secretary of State. Under the 1976 Act (and the 1978 Act)
regulations are subject to negative procedure, which the Committee
5. Clause 14 inserts a new section in the 1976
and 1978 Acts. Under this section it is an offence to bring a
child into the UK for the purpose of adoption unless requirements
prescribed by regulations are satisfied. The Acts make the regulations
subject to negative procedure.
6. There is a simple commencement power in clause
7. There is nothing in the bill which the Committee
wishes to draw to the attention of the House.