Parliamentary search - Children and Adoption Bill [HL]

Type

Parliamentary proceeding

Reference

674 c69-124GC

Session

2005-06

Department

Department for Education and Skills
Committee of the Whole House (HL)

Legislative stage

Committee stage

Chamber / Committee

House of Lords Grand Committee

Children and Adoption Bill (HL). Explanatory Notes HL Bill 10-EN also published
Monday, 13 June 2005
Bills
House of Lords

Proceeding contributions

Lord Northbourne | 674 c73-5GC (Link to this contribution) moved Amendment No. 31: "Page 2, line 16, at end insert—" ““( ) Subject to subsection (8), in...

Baroness Crawley | 674 c72-3GC (Link to this contribution) Thank you. Perhaps I may go into the slightly longer version to help clarify matters. The amendments...

Show all contributions (106)

Lord Northbourne | 674 c94GC (Link to this contribution) I briefly declare an interest—for many years I chaired the Parenting Education and Support Forum. Th...

Lord Haskel | 674 c91GC (Link to this contribution) If Amendment No. 48 is agreed to, I cannot call Amendment No. 49, because of pre-emption.

Baroness Walmsley | 674 c117GC (Link to this contribution) Will the noble Baroness give way? Does she accept that the situations that she has just described ar...

Earl Howe | 674 c116-7GC (Link to this contribution) To reject the proposition that there should be no statutory presumption of a reasonable meaningful r...

Lord Adonis | 674 c116GC (Link to this contribution) Our belief is that the courts make reasonable judgments at present.

Lord Adonis | 674 c114-6GC (Link to this contribution) In that case, a key issue before this proposal even gets past first base will be some agreement on w...

Earl Howe | 674 c107-9GC (Link to this contribution) With the leave of the Committee, I shall start my remarks again, as it is perhaps easier to pick up ...

Lord Adonis | 674 c113-4GC (Link to this contribution) We have gone over a lot of the ground that we covered yesterday, which I sense that we shall go over...

Baroness Walmsley | 674 c105GC (Link to this contribution) I thank the noble Lord for that. I shall read carefully what he has had to say on this group of amen...

Lord Adonis | 674 c119GC (Link to this contribution) moved Amendments Nos. 68 to 70: "Page 5, line 14, at end insert—" ““(2A) An individual falls wi...

Baroness Crawley | 674 c72GC (Link to this contribution) I thank noble Lords for their incisive look at the issue. The noble Earl, Lord Howe, referred specif...

Baroness Barker | 674 c71-2GC (Link to this contribution) Perhaps the noble Baroness will clarify something for me in relation to Amendment No. 60, which, in ...

Earl Howe | 674 c71GC (Link to this contribution) I am all for the objective which the noble Baroness has just articulated of making the Bill simpler ...

Lord Haskel | 674 c69GC (Link to this contribution) I start by reminding the Committee that the usual procedures in Grand Committee apply, even though w...

Baroness Morris of Bolton | 674 c76GC (Link to this contribution) In answer to the noble Baroness, Lady Walmsley, I believe that sperm donors are protected from paren...

Lord Adonis | 674 c88-9GC (Link to this contribution) moved Amendment No. 36: "Page 2, line 29, leave out from ““made”” to ““the”” in line 30 and insert ...

Lord Adonis | 674 c87GC (Link to this contribution) When we prepare for the next spending review, which we are starting to do, we will take full account...

Lord Adonis | 674 c87GC (Link to this contribution) I shall have to write to the noble Earl about the proposals for the recruitment of judges. I am sure...

Lord Haskel | 674 c89GC (Link to this contribution) If Amendment No. 37 is agreed to, I cannot call Amendment No. 38 because of pre-emption.

Baroness Walmsley | 674 c78-9GC (Link to this contribution) moved Amendment No. 32: "Page 2, line 16, at end insert—" ““( ) The effect of the contact ord...

Earl of Listowel | 674 c83GC (Link to this contribution) At Second Reading I asked whether there had been consultation about the Bill with children, and the ...

Lord Adonis | 674 c83-6GC (Link to this contribution) I recognise that the noble Baroness, Lady Howarth, is in an invidious position on this Committee, in...

Baroness Barker | 674 c96GC (Link to this contribution) I thank the Minister very much for his reply. It would perhaps be useful to Members of the Committee...

Lord Adonis | 674 c94-6GC (Link to this contribution) I am very grateful for these probing amendments, which give us an opportunity to look at the timelin...

Earl Howe | 674 c97-8GC (Link to this contribution) : I always listen with great attention to the noble Baroness, Lady Walmsley, and I found a great dea...

Baroness Walmsley | 674 c96-7GC (Link to this contribution) moved Amendment No. 56: "Page 4, line 6, after ““condition)”” insert ““and about the child in relat...

Baroness Morris of Bolton | 674 c93-4GC (Link to this contribution) Although I rise to speak to Amendment No. 55, I should like to say how much I agree with the noble B...

Lord Haskel | 674 c90GC (Link to this contribution) If Amendment No. 41 is agreed to, I cannot call Amendment Nos. 42 and 43.

Lord Adonis | 674 c90-1GC (Link to this contribution) moved Amendment No. 44: "Page 3, line 7, after ““individual”” insert ““falling within subsection (2...

Lord Adonis | 674 c91GC (Link to this contribution) moved Amendments Nos. 46 to 47: "Page 3, line 8, at end insert—" ““(2A) An individual falls wit...

Lord Adonis | 674 c89-90GC (Link to this contribution) moved Amendments Nos. 39 and 40: "Page 2, line 33, at end insert—" ““(4A) An order falls within...

Earl Howe | 674 c119GC (Link to this contribution) I am disappointed that the Minister said that he does not expect the plans to be very far advanced. ...

Lord Adonis | 674 c118GC (Link to this contribution) So the noble Earl does not agree with the concept of one third.

Lord Adonis | 674 c118GC (Link to this contribution) I shall come back to the noble Earl and write to Members of the Committee on where we are with regar...

Baroness Howarth of Breckland | 674 c117GC (Link to this contribution) I believe they are unreasonable and that is why I do not think that we should have that kind of stat...

Baroness Howarth of Breckland | 674 c117GC (Link to this contribution) I shall challenge that. The noble Lord, Lord Adonis, said this more eloquently than I can, but I con...

Baroness Walmsley | 674 c114GC (Link to this contribution) We do not.

Earl Howe | 674 c114GC (Link to this contribution) To insert one word—““reasonable””.

Lord Adonis | 674 c114GC (Link to this contribution) Could the noble Earl tell us what the simple change in the law is, then?

Baroness Howarth of Breckland | 674 c112-3GC (Link to this contribution) I do not have a prepared speech, but I obviously have to say something. I have thought very carefull...

Earl of Listowel | 674 c113GC (Link to this contribution) Clause 1, as far as I understand it, is a very helpful and instructive contribution to this area of ...

Lord Adonis | 674 c105GC (Link to this contribution) Actually, communicating with the child is normally done by one of the parents involved, unless they ...

Lord Northbourne | 674 c99GC (Link to this contribution) In respect of what the noble Baroness has said, I strongly agree with her. However, it is dependent ...

Baroness Walmsley | 674 c99GC (Link to this contribution) I am most grateful to the noble Baroness, Lady Pitkeathley, who has not managed to get back here yet...

Lord Adonis | 674 c100-4GC (Link to this contribution) This is a difficult and emotive issue in which the principles are very clear. In fact, they could no...

Earl of Listowel | 674 c100GC (Link to this contribution) The Minister alluded to research by Professor Smart into the area of children’s voices. I received s...

Baroness Howarth of Breckland | 674 c99-100GC (Link to this contribution) I was wondering whether it was appropriate for me to speak at this time. I sometimes lose track abou...

Baroness Morris of Bolton | 674 c119-20GC (Link to this contribution) The motion in my name to oppose the clause stand part is, in part, due to our stance on the Bill. As...

Lord Adonis | 674 c121-3GC (Link to this contribution) In bringing this disjointed debate to a conclusion at the end of our second day in Committee, perhap...

Baroness Crawley | 674 c69-71GC (Link to this contribution) moved Amendment No. 29: "Page 2, line 14, at end insert—" ““( ) Subsection (2) has effect sub...

Baroness Walmsley | 674 c75-6GC (Link to this contribution) I added my name to these amendments because I felt it was important to have this debate on parental ...

Lord Northbourne | 674 c76GC (Link to this contribution) I am very grateful to both noble Baronesses who have spoken. I had thought about sperm donors; when ...

Baroness Crawley | 674 c73GC (Link to this contribution) This provision addresses the point raised by the noble Baroness through Amendments Nos. 54 and 59. T...

Baroness Crawley | 674 c72GC (Link to this contribution) Did the noble Earl also refer to Amendment No. 50?

Baroness Walmsley | 674 c87-8GC (Link to this contribution) I thank all noble Lords who have taken part in this little debate. Noble Lords will not be surprised...

Earl of Listowel | 674 c87GC (Link to this contribution) I am sorry to interrupt. I thank the Minister for his response on the issue of arrangements in divor...

Lord Adonis | 674 c87GC (Link to this contribution) I am happy to write to the noble Earl on that point. A parenting plan is available to parents dealin...

Baroness Howarth of Breckland | 674 c83GC (Link to this contribution) I think that there is a difference between research and inspection, and I have found CAFCASS to be o...

Baroness Crawley | 674 c76-8GC (Link to this contribution) I understand that this is quite informal. I thank all noble Lords who have taken part in the debate....

Lord Adonis | 674 c96GC (Link to this contribution) I would be happy to do that.

Baroness Morris of Bolton | 674 c96GC (Link to this contribution) I thank the Minister for his reply, and look forward to receiving his letter. It was mentioned durin...

Baroness Pitkeathley | 674 c98GC (Link to this contribution) Without necessarily expressing an opinion as to the efficacy of these amendments, it seems to me tha...

Lord Adonis | 674 c92GC (Link to this contribution) moved Amendment No. 48: "Page 3, leave out lines 15 to 22." On Question, amendment agreed to. [Am...

Lord Adonis | 674 c92GC (Link to this contribution) moved Amendments Nos. 50 to 52: "Page 3, leave out lines 23 to 25." "Page 3, line 26, leave out ““...

Baroness Barker | 674 c92GC (Link to this contribution) moved Amendment No. 54: "Page 3, line 44, at end insert ““and is appropriately qualified””" The no...

Lord Northbourne | 674 c118-9GC (Link to this contribution) In order to clarify matters for Report stage, would the noble Lord be prepared to write to me and to...

Lord Adonis | 674 c119GC (Link to this contribution) moved Amendments Nos. 63 to 65: "Page 5, line 7, leave out from ““varying”” to end of line 8 and in...

Earl Howe | 674 c117-8GC (Link to this contribution) I would not disagree with that for one second. I say to the noble Baroness that to build in a statut...

Earl Howe | 674 c114GC (Link to this contribution) I gave as an illustration the 70-30 split, but it was merely an illustration. It was not intended th...

Earl Howe | 674 c106-7GC (Link to this contribution) There is a very simple truth associated with contact disputes. It is that if both parties to the dis...

Lord Adonis | 674 c105-6GC (Link to this contribution) moved Amendments Nos. 60 to 61:"Page 4, leave out lines 21 to 30 and insert—" ““(1) The Secretar...

Baroness Barker | 674 c109-11GC (Link to this contribution) I add the weight of this side of the Committee to most of what the noble Earl has just said so eloqu...

Lord Northbourne | 674 c111-2GC (Link to this contribution) I strongly support the view that has been expressed by both speakers. The current situation is not s...

Viscount Simon | 674 c99GC (Link to this contribution) A Division has been called. We shall adjourn for 10 minutes and then resume. [The sitting was suspe...

Baroness Pitkeathley | 674 c120-1GC (Link to this contribution) Lest the Minister and the Committee run away with the idea that CAFCASS can do all this extra work w...

Baroness Morris of Bolton | 674 c123-4GC (Link to this contribution) I thank the Minister for his detailed reply and congratulate him on being able to keep going despite...

Baroness Barker | 674 c121GC (Link to this contribution) Given that the contact which is to be monitored in this section includes the new range of contact ac...

Baroness Howarth of Breckland | 674 c121GC (Link to this contribution) If judges tell us that they only read the first two pages and the last page of 50-page reports, then...

Baroness Crawley | 674 c124GC (Link to this contribution) This may be a convenient moment for the Committee to adjourn until Monday at 3.30 pm.

Earl Howe | 674 c72GC (Link to this contribution) Amendments Nos. 85 and 86.

Baroness Barker | 674 c73GC (Link to this contribution) Yes.

Baroness Barker | 674 c73GC (Link to this contribution) I thank the noble Baroness for that. I am not sure that she has. It would be best not to delay the C...

Earl Howe | 674 c72GC (Link to this contribution) Amendments Nos. 48 and 50.

Baroness Morris of Bolton | 674 c87GC (Link to this contribution) Before the Minister sits down, I do not think that he addressed the important points raised by the n...

Earl of Listowel | 674 c87GC (Link to this contribution) That would be very helpful. It would also be helpful to have an idea of the timescale in relation to...

Lord Adonis | 674 c89GC (Link to this contribution) moved Amendment No. 37: "Page 2, leave out lines 31 to 33 and insert—" ““( ) it makes provisi...

Earl of Listowel | 674 c79-81GC (Link to this contribution) I shall speak to my amendments in this group, Amendments Nos. 114, 117, 118 and 119. I am most grate...

Baroness Howarth of Breckland | 674 c81-2GC (Link to this contribution) I feel like reminding myself that I am a mere Cross-Bencher, looking at the noble Baroness, Lady Wal...

Lord Northbourne | 674 c83GC (Link to this contribution) I very strongly support in principle the amendments proposed by the noble Baroness, Lady Walmsley, i...

Lord Northbourne | 674 c78GC (Link to this contribution) I am grateful to the noble Baroness. I shall have to read what she said but I think that she may wel...

Earl of Listowel | 674 c86-7GC (Link to this contribution) I thank the Minister for his very detailed and reassuring response to my concerns. Perhaps he could ...

Baroness Barker | 674 c96GC (Link to this contribution) I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendment No. 55 not moved...

Lord Adonis | 674 c90GC (Link to this contribution) moved Amendment No. 41: "Page 2, leave out lines 37 to 41." On Question, amendment agreed to. [Am...

Baroness Barker | 674 c92-3GC (Link to this contribution) We return to two amendments which deal with an important issue: the qualifications expected of those...

Earl Howe | 674 c118GC (Link to this contribution) Let us get away from the one-third issue.

Earl Howe | 674 c118GC (Link to this contribution) The amendment introduced by my noble friend proposing a one-third split as a minimum was a means of ...

Lord Adonis | 674 c118GC (Link to this contribution) I think that we shall return to this matter. However, the noble Earl needs to be clear. Unless I hav...

Earl Howe | 674 c116GC (Link to this contribution) Perhaps I may ask the Minister a simple question. Does he or does he not support the presumption of ...

Lord Adonis | 674 c114GC (Link to this contribution) In that case the key issue, which we can debate fully on Report but can discuss before, is what the ...

Baroness Walmsley | 674 c104-5GC (Link to this contribution) I am most grateful to the Minister for that full explanation. On the first four amendments, his stat...

Lord Northbourne | 674 c98GC (Link to this contribution) It might be helpful to the noble Baroness in reframing—

Earl of Listowel | 674 c99GC (Link to this contribution) I should like to intervene briefly, but I see that the noble Baroness, Lady Howarth, would like to m...

Earl of Listowel | 674 c120GC (Link to this contribution) It has been argued that the monitoring of these orders would be carried out by the CAFCASS officers....

Viscount Ullswater | 674 c124GC (Link to this contribution) The Committee stands adjourned until Monday.

Subjects

Children

Adoption

Applications

CAFCASS

Contact orders

Absent parents

Domestic abuse

Family proceedings

Qualifications

Protection