Children and Adoption Bill [HL]

Thank you. Perhaps I may go into the slightly longer version to help clarify matters. The amendments we are discussing provide simplification through removal. In particular we have removed reference to contact activity directions ceasing to have effect when the court proceedings come to an end. We have removed the list of scenarios in which contact activity conditions may not be made and also the link between the end of the date of enforcement orders to the end date of a contact order. Our objective in removing those provisions is to avoid being overly prescriptive in primary legislation about the types of situation that might occur. For instance, it seems on the face of it appropriate that an enforcement order should automatically cease to have effect when the contact order to which it refers comes to an end. However, it is possible to imagine a case where a contact order lapsed on reaching a time limit specified in the order, only to be replaced by a new order intended for the same purpose. In that situation, we would not really want the enforcement order to be ended and another identical one to be put in its place, perhaps a week later. So we propose to remove those specific provisions because we want to avoid the trap of inadvertently limiting the power of the court to bring about the obvious, reasonable and right decision because of timing. I hope that that clears that up. The noble Baroness, Lady Barker, asked me about new Section 11F under Amendment No. 60. That amendment replaces the regulation-making power at new Section 11F of the Children Act 1989 regarding the provision of financial assistance for those who need it to meet the cost of contact activities. In the interests of clarity, the amendment sets out more detail about how regulations made under this part may operate. This detail includes making clear that the ordinary residence of the child will determine whether it should be the regulations of the Secretary of State or the National Assembly for Wales that apply. The revised Section 11F will also provide for the regulations to include a means test, including a sliding scale of assistance according to financial circumstances. Further, it will provide for appropriate safeguards when public money is being spent, including allowing payments to be made direct to activity providers and for a limit to be imposed on how much assistance can be provided with any given activity. In addition, the amendment will allow regulations to state that payments may be made only in respect of an activity offered by a provider approved by, as the case may be, the Secretary of State or the National Assembly for Wales. Are we getting there?