Clause 8
Children and Young Persons Bill [Lords]
4:00 pm
Edward Timpson (Crewe and Nantwich, Conservative)
As the Minister will be aware, the welfare checklist in section 1(3) of the 1989 Act sets out not only the checklist but the “have regard to” aspect as well. As a way of coming to a position where we are both satisfied with the Bill’s approach, it might be helpful for the clause to say not only “have regard to” but, as in section 1(3) of the 1989 Act,
“have regard in particular to”.
That seems to marry the proposed legislation with the reasons why it is proposed under clause 8(5) in such stark terms as a responsibility and duty of the Secretary of State. It would not only be consistent with previous legislation, which contains a requirement to have regard in particular to a certain aspect; it would also satisfy Committee members from all parties in creating not only a duty but a particular duty for the Secretary of State.