Children and Adoption Bill [HL]

moved Amendment No. 36: "Page 2, line 29, leave out from ““made”” to ““the”” in line 30 and insert ““in proceedings that include proceedings on an application for a relevant adoption order in respect of””" The noble Lord said: In moving this amendment, I shall speak also to Amendments Nos. 37. 39 and 40, which are largely technical, about which I have written to Members of the Committee. I shall briefly explain what they involve. The Bill gives courts new powers to make contact activity directions, contact activity conditions, enforcement orders, financial compensation orders and to require CAFCASS monitoring of contact orders. However, these new powers cannot be used in connection with a contact order that is an ““excepted order””. The Bill, as introduced, includes the concept of an excepted order already, but these amendments will ensure that all appropriate cases are excepted, in respect of other types of contact cases under Section 8 of the Children Act, including when a court is considering whether to make an adoption order in respect of a child, or a contact order as between an adopted child and someone who, prior to the adoption, was his parent or relative. Clause 1 inserts new Section 11B into the Children Act 1989, in which we have made provisions whereby contact activity directions cannot be made in certain excepted cases. Amendments Nos. 36 and 37 will mean that a contact order is excepted if it is made in proceedings that include an application for a ““relevant adoption order”” or if it makes provision for contact between a child and someone who would be a parent or relative of the child, but for the child having been adopted by an order falling within new subsection (4A) of new Section 11B of the Children Act 1989. This new subsection, inserted by Amendment No. 39, will cover all adoption orders made under the Adoption and Children Act 2002, except step-partner adoptions, and adoption orders made under the Adoption Act 1976 and the equivalent adoption legislation in Scotland and Northern Ireland, except step-parent adoptions. Amendment No. 56 amends the definition of ““relevant adoption order”” to achieve the end I have just mentioned as regards adoption cases under the Adoption and Children Act 2002. The overall effect of these Amendments will be to ensure that courts will be able to use the new provisions in the Bill in the case of contact orders made where there is a ““step-parent”” or ““step-partner”” adoption, but will not be able to use the new provisions in any other case where an adoption order is made. We believe these Amendments are essentially non-controversial, and achieve better the objectives set out in the Bill. I beg to move. On Question, amendment agreed to.