moved Amendment No. 130:"Page 13, line 44, leave out ““or prospective adoptions””"
The noble Lord said: In moving Amendment No. 130, I shall speak also to Amendments Nos. 131 to 133, 135 to 137, 142 and 143. This group of amendments will allow the National Assembly for Wales to charge prospective adopters from Wales for the processing of intercountry adoption applications where those applications are made under the Hague convention on intercountry adoption. As your Lordships will be aware, this convention was ratified by the UK in 2003.
Under the convention, a central authority must be designated in each country both to act as a central contact for other countries and to perform certain functions in the intercountry adoption process. The Adoption (Intercountry Aspects) Act 1999 appoints the National Assembly for Wales as the central authority for Wales. The Assembly therefore deals with all aspects of intercountry adoption applications to convention countries, including the processing of applications before they are sent to the foreign country.
As Clause 12 stands, the Secretary of State would be able to charge a fee for processing applications from English prospective adopters to convention and non-convention countries, and from Welsh prospective adopters applying to non-convention countries. However, the Bill as drafted does not give any power to charge for adoptions made in Wales to a convention country. The proposed amendments in this group will allow the National Assembly for Wales to charge Welsh prospective adopters who are applying to a convention country. Given the status of the National Assembly as a separate central authority under the Hague convention, we believe that this is the correct way to establish the charging system. The amendments will ensure that the power to charge applies to all intercountry adoptions so that the system is equitable. They also recognise the devolution settlement.
Amendments Nos. 130, 131 and 137 are tidying amendments, intended to improve the clarity of the Bill as to when the references to adopters in Clause 12 include prospective adopters and when they do not. We have taken this opportunity to redraft so that all references to adoption and adopters in Clause 12 include prospective adoptions and adopters. In the last of these amendments—Amendment No. 137—we have also taken the opportunity to ensure that the definition of ““central authority”” is clear.
The final two amendments in this group will allow the National Assembly for Wales to commence its power to charge when it sees fit. These amendments are consequential: if the National Assembly for Wales is to have the authority to charge for intercountry adoptions, it seems appropriate that it should set the date on which such charging begins in Wales, rather than having to wait for the Secretary of State to commence the Bill’s provisions in Westminster. I hope that, in the light of that explanation, Members of the Committee will agree to the amendments. I beg to move.
On Question, amendment agreed to.
Children and Adoption Bill [HL]
Proceeding contribution from
Lord Adonis
(Labour)
in the House of Lords on Monday, 17 October 2005.
It occurred during Debate on bills
and
Committee proceeding on Children and Adoption Bill [HL].
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674 c168GC 
Session
2005-06
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House of Lords Grand Committee
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