Monday, 23 October 1989
The House met at half-past Two o'clock
Mr. SPEAKER in the Chair]
To ask the Secretary of State for Social Security what progress has been made in assessing the financial implications of the Office of Population Censuses and Surveys' surveys on disability.
To ask the Secretary of State for Social Security whether those older and disabled pensioners who benefit from this autumn's special package will lose transitional protection when these increases...
To ask the Secretary of State for Social Security how many 16 and 17-year-olds are currently disqualified from benefit for not taking up the offer of a place on a youth training scheme; and if he...
To ask the Secretary of State for Social Security what was the amount recovered in 1988–89 as a result of the work of anti-fraud officers in his Department; what was the target set; and...
To ask the Secretary of State for Social Security if he has any plans to increase the level of income support.
To ask the Secretary of State for Social Security what plans he has, in the light of the findings of the Office of Population Censuses and Surveys' surveys, to increase the allocation of...
To ask the Secretary of State for Social Security how many of those on transitional protection will not enjoy a full uprating of their benefits next April.
To ask the Secretary of State for Social Security if he has any plans to use the housing benefit system to discourage people coming to London and claiming they are homeless.
To ask the Secretary of State for Social Security what further measures are planned to ensure the financial security of young people.
To ask the Secretary of State for Social Security what plans he has for providing a universal new benefit for pensioners over 75 years of age.
To ask the Secretary of State for Social Security what further discussions he has had with organisations of and for disabled people on the survey findings of the Office of Population Censuses and...
To ask the right hon. Member for Selby, as representing the Church Commissioners, what further discussions he has had with the Archbishop of Canterbury regarding the Clergy Ordination Measure 1989.
To ask the right hon. Member for Selby, as representing the Church Commissioners, what is the latest figure he has for the number of churches that the Commission has given permission to be (a)...
To ask the right hon. Member for Selby, as representing the Church Commissioners, what are the implications for the future expenditure of the Commissioners of the trend in ordinations during the...
To ask the Right hon. Member for Selby as representing the Church Commissioners, what is spent by the Church Commissioners for research undertaken by committees of the General Synod; where that...
To ask the Lord President of the Council what is the annual cost to public funds of the House of Commons telephone system.
To ask the Lord President of the Council what representations he has received regarding the Procedure Committee's outstanding proposals.
To ask the Lord President of the Council if he will detail the cost of losses and thefts of House of Commons china and cutlery since his answer of 18 July 1988, Official Report, columns...
To ask the right hon. Member for Selby, as representing the Church Commissioners, what further progress there has been in the building alterations at No. 1 Millbank; and if he will make a statement.
On a point of order, Mr. Speaker. I believe that you can confirm that, under Standing Orders relating to questions, it is within your discretion to permit a private notice or written question...
Ordered,That the draft Inter-American Development Bank (Seventh General Increase) Order 1989 be referred to a Standing Committee on Statutory Instruments, &c—[Mr. Greg Knight.]
As amended (in the Standing Committee), considered.
I beg to move amendment No. 37, in page 1, line 11, at end insert— '(A) In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have...
I beg to move amendment No.268, in page 3, line 36, leave out subsections (2) and (3) and insert— '(2) No parental responsibility agreement shall have effect for the purposes of this Act...
I beg to move amendment No. 269, That Clause 5 be divided into two Clauses, the first consisting of page 4, subsections 1–8 and page 5, subsections (16) and (17) and the second of page 4,...
Amendment made: No. 39, in page 6, line 17, leave out 'issue' and insert 'question'.—[The Solicitor-General.]
I beg to move amendment No. 286, in page 7, line 12, at end insert— '(5A) No court shall make any section 7 order which is to have effect for a period which will end after the child has...
I beg to move amendment No. 287, in page 8, line 8, at end insert— '(5A) A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the...
Amendments made: No. 40, in page 8, line 30, leave out subsection (1).
Amendments made: No. 289, in page 9, line 38, leave out 'if he would not otherwise'.
Amendment made: No. 291, in page 10, line 23, at end Insert— '(2) The powers of a magistrates' court under section 60 of the Magistrates' Courts Act 1980 to revoke, revive or vary an order...
I beg to move amendment No. 292, in page 11, line 13, at end insert— '(7) A family assistance order shall not be made so as to require a local authority to make an officer of theirs...
I beg to move amendment No.168, in page 82, line 3, leave out 'High Court, a county court or a magistrates'.
I beg to move amendment No. 457, in page 45, line 27, leave out subsection (6).
Amendments made: No. 122, in page 50, line 20, leave out 'in the case of a home or other institution which is supported wholly or partly by endowments'.
I beg to move amendment No. 370, in page 113, line 1, leave out `require the approval of the Secretary of State for the provision and' and insert 'prohibit the'.
I beg to move amendment No. 123, in page 51, line 12, at end insert "and linguistic'.
I beg to move amendment No. 124, in page 51, line 23, at end insert— '(2A) The Secretary of State may make regulations—(a) requiring every child who is accommodated within a local...
Amendment made: No. 125, in page 52, line 25, leave out subsection (3).—[Mr. Mellor.]
I beg to move amendment No. 202, in page 114, line 4, at end insert— '(4A) Before deciding whether or not to grant an application a local authority shall comply with any prescribed...
The usual fostering limit
Amendments made: Nos. 384, in page 54, line 29, leave out 'registered'.
I beg to move amendment No. 325, in page 118, line 10, leave out from 'any' to 'is', in line 11, and insert— '(i) parent of his;(ii) person who is not a parent of his but who has parental...
I beg to move amendment No. 461, in page 56, line 38, leave out 'the child' and insert 'any child who has been in his care'.
Amendments made: No. 386, in page 57, line 20, leave out from 'privately' to end of line 21.
I beg to move amendment No. 335, in page 124, line 11, leave out 'and'.
These are important amendments. Amendment No. 231 amends the Legal Aid Act to provide that civil legal aid is available for all civil proceedings in magistrates courts. Proceedings in the High...
3A. In section 40(1) of the Education Act 1944 (enforcement of school attendance), the words from "or to imprisonment" to the end shall cease to have effect.
3B. In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar's certificate), in subsection (1) for the words "the Second...
.—(1) Sections 10 and 10A of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married) shall be amended as follows.
23.—(1) Where a court— (a) remands or commits for trial a child charged with homicide or remands a child convicted of homicide; or(b) remands a young person charged with or convicted...
26A. The following section shall be inserted in the Education Act 1981, after section 3—
3A.—(1) A local authority may make such arrangements as they think fit to enable any child in respect of whom they maintain a statement under section 7 to attend an establishment outside...
26B.—(1) Section 1 of the Child Abduction Act 1984 (offence of abduction by parent, etc.) shall be amended as follows.
26F. In section 1 of the Foster Children (Scotland) Act 1984 (definition of foster child)— (a) for the words "he is- (a)" there shall be substituted "(a) he is"; and(b) the words "for a...
26AA. Until the repeal of the Child Care Act 1980 by this Act takes effect, the definition of "parent" in section 87 of that Act shall have effect as if it applied only in relation to Part I and...
27A. In paragraph 2 of Part I of Schedule 2 to the Legal Aid Act 1988 (proceedings in magistrates' courts to which the civil legal aid provisions of Part IV of the Act apply), the following...
I wish to make a correction to the next group of amendments. The lead amendment is No. 243, and we shall be debating an additional Government amendment, No. 426, with the amendments grouped with...
7A.—(1) Section 40 of the Education Act 1944 (enforcement of school attendance) shall be amended as follows.
For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (cases in which leave of the appropriate court is required before enforcing certain orders for the...
. In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1) for paragraph (a) there shall be substituted—
. In section 67(1A)(c) of the Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) for the words "in the care of a local authority" there shall be...
24a.—(1) In section 2 of the Employment of Children Act 1973 (supervision by education authorities), in subsection 2(a) for the words "guardian or a person who has actual custody of there...
24B.—(1) In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (proceedings in divorce etc. stayed by reference to proceedings in other jurisdiction), paragraph 11(1) shall be...
26A. For section 8 of the Domestic Proceedings and Magistrates' Courts Act 1978 (orders for the custody of children) there shall be substituted—
8. Where an application is made by a party to a marriage for an order under section 2, 6 or 7 of this Act, then, if there is a child of the family who is under the age of eighteen, the court...
20A.—(1) Where an order made by a magistrates' court under this Part of this Act for the making of periodical payments to or in respect of a child (other than an interim maintenance order)...
261.—(1) In section 59(2) of the Magistrates' Courts Act 1980 (periodical payments through justices' clerk) for the words "the Guardianship of Minors Act 1971 and 1973" there shall be...
27A. In section 14 of the Armed Forces Act 1981 (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need of care and control), in...
27B. In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (maintenance and similar payments excluded from Schedule 4 to that Act) for the words "section 47 or 51 of...
27. Where— (a) a patient who is a child or young person is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989; or(b) the rights and...
28A. For section 54 of the Mental Health (Scotland) Act 1984 (children and young persons in care of local authority) there shall be substituted the following section—
54. Where— (a) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968;...
.—(1) In section 1(5) of the Registered Homes Act 1984 (requirement of registration) for paragraphs (d) and (e) there shall be substituted—
. In section 38(2)(b) of the Matrimonial and Family Proceedings Act 1984 (transfer of family proceedings from High Court to county court) after the words "a ward of court" there shall be inserted...
31A.—(1) In sections 9(a) and 20(2)(a) of the Child Abduction and Custody Act 1985 (orders with respect to which court's powers suspended), for the words "any other order under section 1(2)...
35A.—(1) The Family Law Act 1986 shall be amended as follows.
2.—(1) A court in England and Wales shall not have jurisdiction to make a section 1(1)(a) order with respect to a child in or in connection with matrimonial proceedings in England and Wales...
2A.—(1) The condition referred to in section 2(1) of this Act is that the matrimonial proceedings are proceedings in respect of the marriage of the parents of the child concerned and—...
7. In this Chapter— (a) 'child' means a person who has not attained the age of eighteen;(b) 'matrimonial proceedings' means proceedings for divorce, nullity of marriage or judicial...
.—(1) Section 16 of the Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.
I beg to move amendment No. 436, in page 148, leave out lines 17 to 26 and insert—
1.—(1) Subject to sub-paragraph (4), nothing in any provisions of this Act (other then the repeals mentioned in sub-paragraph (2)) shall affect any proceedings which are pending...
3. Where, immediately before the day on which Parts I and II come into force, there was in force— (a) a declaration under section 42(3) of the Matrimonial Causes Act 1973 (declaration by...
4. Where, immediately before the day on which Parts I and II come into force, there was in force an order under section 4(1) of the Family Law Reform Act 1987 (order giving father parental rights...
5.—(1) In paragraphs 6 to 11 "an existing order" means any order which— (a) is in force immediately before the commencement of Parts I and II;(b) was made under any enactment...
6.—(1) Where— (a) a child's father and mother were married to each other at the time of his birth; and(b) there is an existing order with respect to the child. each parent shall have...
7.—(1) Where a person who is not the parent or guardian of a child has custody or care and control of him by virtue of an existing order, that person shall have parental responsibility for...
8.—(1) Sub-paragraphs (2) to (6) apply where a person has care and control of a child by virtue of an existing order, but they shall cease to apply when that order ceases to have effect.—
9.—(1) Sub-paragraphs (2) to (4) apply where a person has access by virtue of an existing order.
10.—(1) Sub-paragraph (2) applies in relation to any existing order which, but for the repeal by this Act of— (a) section 13(1) of the Guardianship of Minors Act 1971;(b) section...
11.—(1) The making of a residence order or a care order with respect to a child who is the subject of an existing order discharges the existing order.
12.—(1) Any appointment of a person as guardian of a child which— (a) was made(i) under sections 3 to 5 of the Guardianship of Minors Act 1971;(ii) under section 38(3) of the Sexual...
13. Any appointment of a person to be a guardian of a child— (a) which was made as mentioned in paragraph 12(1)(a)(i); but(b) which, immediately before the commencement of section 5, had...
14. For the purposes of the Wills Act 1837 and of this Act any disposition by will and testament or devise of the custody and tuition of any child, made before the commencement of section 5 and...
15.—(1) Sub-paragraph (2) applies where, immediately before the day on which Part IV comes into force, a person was— (a) in care by virtue of—(i) a care order under section 1 of...
16.—(1) Sub-paragraph (2) only applies where a person who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(a) or (b) of that paragraph.
17.—(1) This paragraph applies where a child is deemed by paragraph 15 to be in the care of a local authority under an order or resolution which is deemed by that paragraph to be a care order.
18.—(1) This paragraph applies to any access order— (a) made under section 12C of the Child Care Act 1980 (access orders with respect to children in care of local authorities); and(b)...
20.—(1) This paragraph applies where, immediately before the day on which Part III comes into force— (a) a child was in the care of a local authority—(i) under the section 2(1)...
21.—(1) Where, immediately before the day on which Part III comes into force, a child in the care of a local authority— (a) was—(i) boarded out with a person under section...
22. Any reference in Part III to a person qualifying for advice and assistance shall be construed as including a reference to a person within the area of a local authority in question who is...
23. Where— (a) the Secretary of State has received a request in writing from a local authority that he give his consent under section 24 of the Child Care Act 1980 to the emigration of a...
24.—(1) Where, immediately before the day on which Part III of Schedule 2 comes into force, there was in force an order made (or having effect as if made) under any of the enactments...
25.—( l) This paragraph applies to any supervision order—
26.—(1) This paragraph applies to any order for the supervision of a child which was in force immediately before the commencement of Part IV and was made under— (a) section 2(1)(f) of...
27.—(1) This paragraph applies to— (a) any order or warrant authorising the removal of a child to a place of safety which—(i) was made, or issued, under any of the enactments...
28. The repeal by this Act of subsection (1) of section 16 of the Child Care Act 1980 (arrest of child absent from compulsory care) shall not affect the operation of that section in relation to...
31.—(1) This paragraph applies to a resolution— (a) made under section 64 of the Child Care Act 1980 (transfer of parental rights and duties to voluntary organisations); and(b) in...
32.—(1) This paragraph applies where— (a) immediately before the commencement of Part V II, a child was a foster child within the meaning of the Foster Children Act 1980; and(b) the...
33.—(1) Sub-paragraph (2) applies where, immediately before the commencement of Part X, any premises are registered under section 1(1)(a) of the Nurseries arid Child-Minders Regulation Act...
35. In calculating, for the purposes of section 77(1)(a) or 78(1)(a), the period of time for which a child has been accommodated any part of that period which fell before the day on which that...
36.—(1) This paragraph applies where, immediately before the commencement of section 80(2) there was in force an order ("a criminal care order") made— (a) under section 7(7)(a) of the...
37.—(1) In the circumstances mentioned in sub-paragraph (2), section 3 of and Schedule 2 to the Marriage Act 1949 (consents to marry) shall continue to have effect regardless of the...
38, The amendments of other enactments made by the following provisions of the Children Act 1975 shall continue to have effect regardless of the repeal of the Act of 1975 by this Act— (a)...
39. The amendment made to section 106(2)(a) of the Children and Young Persons Act 1963) by paragraph 26 of Schedule 5 to the Child Care Act 1980 shall continue to have effect regardless of the...
40. The Lord Chancellor may by order make such transitional and saving provisions as appear to him to be necessary or expedient, in consequence of any provision made by or under this Act, in...
I beg to move amendment No. 236, in page 148, leave out line 39.
'(1) Within each county court and magistrates court there shall be created a family division which, together with the Family Division of the High Court, shall operate as a Family Court.
'(1) Within each county court and magistrates court there shall be created a family division which, together with the Family Division of the High Court, shall operate as a Family Court.
' .—(1) An authority having power to make rules of court may make such provision for giving effect to— (a) this Act;(b) the provisions of any statutory instrument made under this Act;...
' .—(1) An appeal shall lie to the High Court against— (a) the making by a magistrates' court of any order under this Act; or(b) any refusal by a magistrates' court to make such an order.
' .—(1) Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.
' .—(1) On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is...
`—(1) Where it is proposed to use a voluntary home or registered children's home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a...
.—(1) Where a voluntary organisation provide accommodation for a child, they shall do so by— (a) placing him (subject to subsection (2)) with—(i) a family;(ii) a relative of...
'. Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications as may be specified in the...
'.—(1) The Legal Aid Act 1988 is amended as mentioned in subsections (2) to (4).
'.—(1) The name "domestic proceedings", given to certain proceedings in magistrates' courts, is hereby changed to "family proceedings" and the names "domestic court" and "domestic court...
'.—(1) It shall be the duty of— (a) the proprietor of any independent school which provides accommodation for any child; and(b) any person who is not the proprietor of such a school...
' .—(1) Where— (a) a residence order is in force with respect to a child in favour of any person; and(b) any other person (including one in whose favour the order is also in force) is...
' .—(1) Where a person has been appointed as a guardian ad litem under this Act he shall have the right at all reasonable times to examine and take copies of— (a) any records of, or...
' .—(1) In any proceedings in which a court is hearing an application for an order under Part IV or V, or is considering whether to make any such order, the court may order the child...
' .—(1) Where— (a) a court dismisses an application for a care order; and(b) at the time when the court dismisses the application, the child concerned is the subject of an interim...
' . In section 20 of the Family Law Reform Act 1969 (power of court to require use of tests to determine paternity), the following subsections shall be inserted after subsection (1)—
' .—(1) Rules made under section 144 of the Magistrates' Courts Act 1980 may make provision for a magistrates' court to sit in private in proceedings in which any powers under this Act may...
' .—(1) In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from— (a) giving evidence on any matter; or(b)...
' . In the application to Scotland of this Part. (a) "the court" means the sheriff;(b) "day care" means any form of care or of activity supervised by a responsible person provided for children...
Motion made, and Question proposed, That this House do now adjourn.—[Mr. Kenneth Carlisle.]
Debates in the House of Commons are an opportunity for MPs from all parties to scrutinise government legislation and raise important local, national or topical issues.
And sometimes to shout at each other.
