I call the Minister of Health, Robin Swann, to move the Further Consideration Stage of the Adoption and Children Bill.

Moved. — [Mr Swann (The Minister of Health).]

Members will have a copy of the Marshalled List of amendments detailing the order for consideration. The amendments have been grouped for debate in the provisional grouping of amendments selected list. There is a single group of five amendments which deals with regulations, review, special guardianship and the duties in respect of looked-after children. I remind Members who intend to speak during the debate on the single group of amendments that they should address all the amendments on which they wish to comment. Once the debate is completed, any further amendments in the group will be moved formally as we go through the Bill, and the Question on each will be put without further debate. If that is clear, we will proceed.

Clause 119 (Special guardianship)

We now come to the single group of amendments for debate. With amendment No 1, it will be convenient to debate amendment Nos 2 to 5. I call the Minister of Health, Robin Swann, to move amendment No 1 and address the other amendments in the group.

I beg to move amendment No 1:

In page 72, line 24, leave out from "where—" to end of line 34 and insert—

"where that person falls within—

(a) any of sub-paragraphs (a) to (d) of paragraph (3); or

(b) a prescribed description."

The following amendments stood on the Marshalled List:

No 2: In clause 122, page 75, line 32, leave out from "achievement" to end of line 33 and insert—

"—

(a) learning and development; and

(b) achievement in relation to education or training." — [Mr Swann (The Minister of Health).]

No 3: In clause 155, page 96, line 2, at end insert—

"(ba) section 24;

(bb) section 52;

(bc) section 77;". — [Mr Gildernew (The Chairperson of the Committee for Health).]

No 4: In clause 158, page 97, line 32, leave out subsections (1) and (2) and insert—

"(1) The Department must, at least once every three years—

(a) prepare and publish a report on the implementation of each of the provisions of Parts 1 and 2, and

(b) lay a copy of the report before the Assembly.

(2) The first report under subsection (1) must be prepared and published within the period of 3 years beginning with the date on which this Act is passed." — [Mr Swann (The Minister of Health).]

No 5: In clause 158, page 98, line 1, leave out subsections (3) and (4) and insert—

"(3) This section expires at the end of the period of ten years beginning with the date on which this Act is passed, but this is subject to subsection (4).

(4) Subsection (3) does not have effect unless all of the provisions of Parts 1 and 2 have been commenced and included in a report under this section." — [Mr Swann (The Minister of Health).]

I am pleased to open the debate on the Further Consideration Stage of the Bill. Moving such a significant piece of legislation to this stage marks a further milestone in its progression to make a real difference to the lives of adopted children and adults, their adoptive parents and birth relatives, children in care, children on the edge of care and care leavers. I place on record my thanks to the Chair, members and staff of the Health Committee for their willingness to work with my officials to reach a consensus around the amendments standing in my name.

Only five amendments have been tabled for debate: four are in my name and one is tabled on behalf of the Committee. The amendments that I propose are technical in nature. Although they propose changes to provisions that were inserted into the Bill by way of amendments tabled by the Committee at Consideration Stage, they do not, in my view, alter the policy intent of the Committee in tabling them. The amendments are intended to strengthen the Bill, to provide greater clarity and to ensure consistency of drafting with related clauses. In moving amendment No 1, I will also speak to amendment Nos 2, 3, 4 and 5.

Amendment No 1 amends the new article 14F(7) being inserted by clause 119, which places a duty on an authority to provide special guardianship support services that have been assessed as needed to certain specified categories of persons. The purpose of this amendment is to align that duty more closely to the corresponding duty, set out in new article 14F(3), that is placed on health and social care trusts to undertake assessments of need for support services and, as a result, to provide greater clarity on the categories of persons in relation to whom the duty to provide support services will apply. Given that the duty to provide relates only to services that have been assessed as needed, there should be consistency between the relevant provisions in paragraphs (3) and (7). By way of example, that is the way in which the duties to assess and to provide in relation to adoption support services have been aligned in clause 5. If the two provisions are not aligned, and if there is no corresponding duty to assess, any duty to provide services will be significantly weakened and, arguably, will not make sense.

Amendment No 1 replaces the existing list of persons that is set out in sub-paragraphs (a) to (f) in article 14F(7) with new sub-paragraph (a), which provides that the duty to provide services assessed as needed will apply to any of those categories or persons specified in sub-paragraphs (a) to (d) in article 14F(3) in respect of those to whom an authority has a duty to undertake an assessment.

The definition of "relevant child" and "prospective special guardian" provided in article 14F(4) will also apply in relation to article 14F(7), once it is amended. The amendment will also retain the power to prescribe additional categories of persons in respect of those to whom the duty to provide services should apply. New sub-paragraph (b) in article 14F(7) provides for that.

The amendment will not in any way weaken the duty to provide services, which Members agreed to insert in the Bill. The duty will still apply to children in respect of whom a special guardianship order (SGO) is in force, their special guardians and parents, and children in respect of whom a person has given notice of intention to apply for an SGO or a court is considering whether to make an SGO for their prospective special guardians and parents.

Amendment No 2 amends clause 122. When the Bill was introduced, the provision in clause 122 amended article 26 of the Children (Northern Ireland) Order 1995 by inserting new paragraph (1A), which, as part of an authority's duty to safeguard and promote the welfare of a child whom it looks after, placed a duty to promote the child's educational achievement. The Health Committee subsequently tabled two amendments to that clause during Consideration Stage, and, as a result, an authority will be under:

"a duty to promote, facilitate and support the child’s achievement and development in relation to education or training."

I have no issue with the addition of the words "facilitate and support" and do not propose any amendment to that today.

I turn to:

"the child’s achievement and development in relation to education or training".

The Committee's report on the Bill stated that its reason for proposing such an amendment was that it:

"felt that the term educational achievement may feel unattainable for some children and young people and place unnecessary focus on academic achievement."

When my officials consulted the Department of Education about the Committee's proposed amendment, it suggested that it may be preferable for a new paragraph (1)(a) to refer to the child's learning and development, rather than the child's:

"achievement and development in relation to education or training."

That is intended to reflect that we should be seeking much for looked-after children over and above educational achievement, which tends to be measured by academic success, ie the number of GCSEs or A levels. As a result, during the Consideration Stage debate on the Committee's amendment, I indicated that, if agreed, I would seek to table an amendment, as suggested by the Department of Education, at Further Consideration Stage. Following further consultation with Health Committee members, the amendment that I propose retains the reference to:

"achievement in relation to education or training".

That is in new paragraph (1)(a) under clause 122. It also extends it to include "learning and development" without any qualification. By separating learning and development from education or training, the duty that we seek to apply to health and social care trusts will extend more widely to fully acknowledge that we should be seeking the absolute best for looked-after children and equipping them to give their best. As a result, if my amendment No 2 is agreed, the health and social care trusts will be required "to promote, facilitate and support" looked-after children's "learning and development" and also their:

"achievement in relation to education or training."

I turn to amendment No 3, which has been tabled on behalf of the Health Committee. Members may recall that, during Consideration Stage, I advised that the Examiner of Statutory Rules had recommended that consideration should be given to whether the required level of Assembly control should be altered from negative to affirmative resolution in relation to the regulations to be made under clause 7. During that stage, I tabled amendments to provide for that in relation to four clauses that the Examiner had highlighted. However, I also indicated to Members that I did not propose to make amendments to the three remaining clauses: clause 24, which relates to contact; clause 52, which enables modifications to be made to the Children Order in relation to adoption; and clause 77, which enables the Department of Finance to prescribe in regulations the information that must be provided to the Registrar General when seeking to obtain:

"a certified copy of an entry in the Adopted Children Register relating to an adopted person who has not attained the age of 18 years".

During the debate, I described at length the matters that were expected to be included in those regulations. I demonstrated that they would be procedural in nature, which supported my view that the negative resolution procedure was appropriate. I do not intend to repeat those reasons today. However, it is clear that the Committee remains determined to give effect to all of the examiner's recommendations. While I continue to be of the view that the regulations do not require the level of scrutiny from the Chamber that the affirmative resolution procedure would require, I do not intend to oppose the Committee's amendments.

I will deal with amendment Nos 4 and 5 together. Clause 158 was inserted into the Bill following an amendment tabled on behalf of the Health Committee at Consideration Stage. It places a duty on the Department to review and make a report on the implementation of each provision of Part 1 and Part 2. The requirement will not apply until as soon as is practicable after the third anniversary of the commencement of each of the provisions in Part 1 and Part 2 and at least once in every five years thereafter, again in relation to each of the provisions that have been commenced. Having given further consideration to the reporting requirements in the clause, I consider that the practical outworkings could result in piecemeal reporting, with progress being made more difficult to track. As my Department proposes that the implementation of the Bill will be on a phased basis over three years, that could result in a period of annual reporting in years 2026, 2027, 2028, and again in 2031 and 2032. It may also have the unintended consequence of creating a perverse incentive to delay the commencement of some provisions in order to avoid such annual reporting requirements.

While I accept that reporting on implementation is important — hence my overall support for clause 158 — we need to ensure that reporting does not take valuable staff resource away from the priority task of implementation. That was recognised by the Committee and Members when they considered whether to support the Department's amendment of the duty to report on the Children Order from an annual to a three-year requirement. To address that, amendment No 4, which I propose, amends clause 158 and inserts new subsections (1) and (2). In order to streamline and provide for a more efficient and effective reporting process and to take account of the fact that the implementation will be on a phased basis, new subsection (1) will place a duty on my Department, at least once every three years, to:

"(a) prepare and publish a report on the implementation of each of the provisions of Parts 1 and 2, and (b) lay a copy of the report before the Assembly."

New subsection (2) provides:

"The first report ... must be prepared and published within ... 3 years beginning with the date on which this Act is passed."

That is the date on which the Bill receives Royal Assent. Clause 158(3) provides that the Department may bring forward regulations to remove the requirement to report on the implementation of the Bill but not before the tenth anniversary of the Bill's receiving Royal Assent.

At Consideration Stage, I advised Members that I considered that it would have been more appropriate to include in the clause a sunset provision so that the duty automatically ceases to apply after a specified period or once all provisions have been fully commenced. I indicated that I would table a technical amendment at Further Consideration Stage. Amendment No 5 inserts a sunset clause. New subsections (3) and (4) will be inserted to provide that the duty to report will cease to have effect on the tenth anniversary of the date on which the Act is passed but only if all the provisions in Part 1 and Part 2 have been commenced and have been included in a report.

In tabling the amendments, my intention is to ensure that, in fulfilling the duty to report, the reporting process will be more effective and efficient and will result in comprehensive and timely reports being produced. That concludes my remarks on the amendments that have been tabled for consideration today. I believe that the Committee has indicated that it is content with the amendments that I have tabled. I am glad that we have been able to reach an outcome that is acceptable to all. I thank Members for bearing with me, and I look forward to hearing the views on the amendments.

I welcome the opportunity to speak on behalf of the Committee at Further Consideration Stage. I will outline the Committee's views on the amendments tabled by the Minister and provide further information on the Committee's amendment No 3.

At the outset, I thank the Minister and his officials for the way in which they have worked with the Committee on the Bill. The Committee is grateful that the Minister has listened to the Committee's views and has tabled amendments at this stage and at the previous stage that, we believe, strengthen and enhance the Bill. That is a good example of a Committee and a Department working together for the benefit of those whose lives legislation in this place is designed to improve.

The Committee was briefed by officials on the Minister's amendments last week. Amendment No 1 provides greater clarity on the categories of person in relation to whom the duty to provide support services will apply and aligns that duty to the corresponding duty placed on trusts to undertake assessments of need for support services. The Committee agreed that the amendment provides further clarity and will therefore support it.

Amendment No 2 is to clause 12 and concerns the

"duty to promote, facilitate and support the child’s achievement and development in relation to education or training."

When officials briefed the Committee last week, the proposed amendment was to replace:

"achievement and development in relation to education or training" with "learning and development". That was on the basis that much of a child's learning and development can and, indeed, absolutely does take place outside of formal education settings. The Committee considered the rationale for the amendment and understood the intent behind it. However, we felt that better clarity could be achieved by including "learning and development" alongside:

"achievement in relation to education or training."

The Committee asked the Department to consider that, and we welcome the fact that the amendment before us today includes both terms. We feel that that strengthens the duty, and I thank the Minister for considering the request and revising the amendment in the short time that was available to him. The Committee will support amendment No 2.

The purpose of amendment No 3, which I will move on behalf of the Committee, is to bring regulations in clauses 24, 52 and 77 under the draft affirmative procedure. Clause 24 enables regulations to be made by the Department, setting out the steps required to be taken by an agency that has exercised its power under clause 24(2) to refuse to allow contact that would otherwise be required by virtue of a contact order under clause 23. Clause 52(1) enables the Department to make regulations applying with modifications or disapplying certain provisions of the Children Order in relation to a child whom an adoption authority is authorised to place for adoption or a child who is less than six weeks old and has been placed for adoption by an authority. Clause 77(3) provides that a person is not entitled to have a certified copy of an entry in the adopted children register relating to an adopted person who has not attained the age of 18 years unless prescribed particulars have been provided to the Registrar General. The Committee agrees that the clauses provide for regulations on significant issues and that it would be appropriate for regulations under the clauses to go through the draft affirmative procedure. Therefore, we tabled amendment No 3, and I welcome the Minister's indication that he will not oppose it.

Amendment Nos 4 and 5 are amendments to a new clause agreed at Consideration Stage that would provide a duty on the Department of Health to report on the implementation of Parts 1 and 2 of the Bill. Amendment No 4 proposes that the Department will report every three years on implementation, which lines up with the duty on the Department to report on the Children Order every three years. Amendment No 5 provides a sunset clause in relation to the reporting provision. The duty to report on the implementation of the Bill will cease after 10 years. The Committee is content to support amendment Nos 4 and 5.

I thank the Minister and his officials for their work on the amendments. I also thank members of the Committee for their input into the Bill. As ever, I extend the Committee's deep appreciation to the Clerk and the Committee staff for their work in assisting us with scrutiny and, I believe, in making significant improvements to the Bill. The Committee will support all of the amendments tabled for today.

I will make a few remarks as Sinn Féin health spokesperson. This is among the most significant and important legislation that the Assembly will consider and put through in this mandate. The Bill is for an extremely vulnerable sector of our community, and, in that sense, it is long overdue. We have had significant engagement across the sectors that has made clear to us the importance of the Bill and the potential impact that it will have on children and young people and on the families who support, love, care for and adopt them.

I welcome the fact that we and the Department have worked throughout the passage of the Bill to increase the supports and the rigour and transparency of the implementation of the Bill. That will all be to the good, and I look forward to seeing it unfold.

I have mentioned previously — the Committee report included this — that there is a need to continue to see how we can support, promote and underpin North/South adoptions and work in that field more generally, given that we have many good kinship relationships in areas that would be to the benefit of the children and young people whom we are discussing.

I express my and my party's gratitude to all those who contributed, across an extended period, the very rich evidence, analysis and experience that has improved the Committee's ability to engage on the Bill and led to a better Bill coming out of the process. That is to the good. I look forward to the implementation of the Bill. It will improve the lives of people outside the Chamber and provide a framework that sees further improvements, development and support rolled out to the sector.

I encourage Members to remember that this is Further Consideration Stage. Final Stage, which is when people can give their summary of the proceedings, is still to come. I urge Members to concentrate on the amendments before them. I will allow a degree of latitude beyond that, but please do not overstretch it.

You will be pleased to know, Mr Deputy Speaker, that I will be brief.

Before I address the amendments, I restate the support of my party for the Bill in addressing the need for more responsive, fit-for-purpose and child-focused adoption processes in Northern Ireland. In all our consideration of the Bill, we must remember that children and young people are at the forefront. It is crucial that we reform our adoption system and bring it into the 21st century. A new, clearer and more robust system will ensure better outcomes for the child, the new parents and the social care staff, who do immense work supporting those in the system.

I move on to the amendments. At Consideration Stage, an amendment was made to stipulate the categories of person for whom the Department must provide an assessment of need for special guardianship support services. Amendment No 1 to clause 119 would bring the list of persons to whom the Department may provide services into line with that. That amendment is appropriate because it would ensure that there is effective overlap between the duties to assess and to provide services.

Amendment No 2 is to clause 122, which places a duty on authorities to safeguard and promote the welfare of a child. At Consideration Stage, the wording of the Bill was changed to require authorities to promote a child's:

"achievement and development in relation to education or training".

The Department of Education has suggested that it may be preferable for new paragraph (1A) to refer to the child's "learning and development". The amendment uses that wording whilst retaining the separate reference to "achievement" in relation to education and training. The amendment reflects the professional evidence on the appropriate wording and the definitions used. The twin-track approach of learning and development and achievement seems comprehensive.

The amendments to clause 158 place a duty on the Department to review and make a report on the implementation of each provision of Parts 1 and 2. Under the Bill as drafted, the Department would have to report on each provision as soon as is practicable after the third anniversary of enactment and once every five years thereafter. Amendment No 4 adjusts that to place a duty on the Department to:

"at least once every three years — (a) prepare and publish a report on the implementation of each of the provisions of Parts 1 and 2, and (b) lay a copy of the report before the Assembly."

Amendment No 5 would ensure that the reporting requirement would cease to have effect on the tenth anniversary of the date on which the Act is passed if all the provisions in Parts 1 and 2 have been commenced and included in a report.

As a party, we understand that the intention of the amendment is to ensure that reporting is not piecemeal and that it can bring benefits in understanding the wider impact of the provisions.

We welcome the amendments, which will ensure greater accountability in the implementation of this overhaul of the adoption system. I welcome the progress of the Bill to date and thank the Minister, his officials and the Committee Clerk for the huge amount of work that has been carried out on it. I trust that it will bring about the reform that is so needed in the area.

I welcome that we are progressing the Bill to its next stage. Throughout the process, the Minister, the Department, and the Committee — everybody involved — have been focused on the end goal of delivering legislation that places children at the centre of our efforts. The legislation that we deliver in the Chamber must deliver for children in their lives. It is essential that we get this done and across the line before the end of the mandate, because the reform is long awaited and we cannot allow it to fall. I am glad to see that we are progressing towards that achievement.

The amendments continue that effort and are a result of the Committee's deliberation and engagement with the Minister and Department. Amendment No 1 provides further clarification on how the process of guardianship will progress. It is a technical amendment, and the SDLP is content with it.

Amendment No 2 tidies up a previous Committee amendment to ensure that there is an obligation on the Department to ensure a child's education and learning. There was much discussion about exactly what those terms meant and how they would be enacted in reality with children in their day-to-day lives. The tidy-up in the amendment was welcomed by everyone at the Committee, and we are content with it.

Amendment No 3 will ensure that three key areas are subject to draft affirmative procedure rather than negative resolution procedure. Without overburdening the Assembly, it is always better, where possible, for legislation to come here and be subject to the draft affirmative procedure, because that allows for more engagement and discussion amongst MLAs before decisions are taken. With the negative resolution procedure, the discussion takes place after the decisions have been taken. We are content with that amendment.

Amendment Nos 4 and 5 are to do with the reporting process. As a result of the amendments, that will take place once every three years, with a sunset clause after 10 years. We are content with that because it is somewhat similar to the original draft, but I am glad that we got it drilled down and have been able to agree it.

I reiterate that the focus must be on the children and young people who are in need of a home. We must deliver a system that is fit to meet the needs of the 21st century and our ever-evolving society. With each stage of the process, we are getting closer to delivering legislation that will provide that. The SDLP is happy to support the amendments, and I look forward to seeing the legislation being delivered.

The amendments are an example of how to help make a very good law that little bit better. There has been much cooperation between the Minister, his Department and the Health Committee on producing the much needed and significant legislation that is before us.

I welcome all the amendments and commend them to the House. The Ulster Unionist Party will support them all. The end result and benefits of the Bill for children and adopters will be felt for years to come.

The Bill is a very complex piece of legislation, and I am glad that we now approach the finishing line so that we can move towards implementation. We are 27 years on from the Children Order. Much has changed in that time, but the legislative position on adoption has not. We have no further time to lose on this.

Of the five amendments, I will make some brief comments on amendment No 2. I am still not entirely satisfied with where the amendment has landed. As a Committee, we had broad discussion on that part of the Bill throughout our deliberations, particularly clause 122(1). I still think that the amendments that were tabled by the Committee at Consideration Stage reflect that discussion fairly. For me, and for most of the Committee, it is meant to go well beyond formal education. I am nonetheless happy that the reporting mechanisms in the Bill are now sound and that, importantly, we have covered "harm" more effectively.

I retain my concern that, where a child is conceived as a result of rape, the perpetrator may still apply for access. I urge any incoming Executive to act swiftly to address that, as well as other broader areas of child abuse. Nevertheless, it falls to us to get on with passing this legislation so that we can address the very human penalty that is being paid as a result of such outdated provisions relating to adoption. We have improved the Bill; now it is time to get on with delivering it to make life better for countless children and families across Northern Ireland.

I call on the Minister of Health, Robin Swann, to make a winding-up speech on the debate on the single group of amendments.

I thank the Members for their contributions to the debate on the amendments at Further Consideration Stage.

There were general comments about the cooperation and close partnership working involved in getting to this stage. Mr McGrath indicated the technical nature of the Bill. Ms Bradshaw indicated that it has been a long time since we amended the legislation: it started when my party colleague Michael McGimpsey was in this post but was not subsequently picked up. That is why this is such a large Bill.

To have got to the Further Consideration Stage of a Bill this size with only five technical amendments — four from me and one from the Committee — is testimony to the interaction and working together that we saw throughout the deliberation stages of the Bill: Second Stage, Consideration Stage and Committee Stage. The Committee Chair indicated the interaction and engagement with stakeholders and all those interested.

The Bill is about making a real difference to the lives of adopted children, adults — adoptive parents and birth relatives — children in care, children on the edge of care and care leavers. The Bill demonstrates the best of this place, which is when the Assembly, the Committee, the Department and Ministers work together to take forward legislation that will benefit everyone.

It is clear how many important issues the Bill touches on and how important it is that we get it right. What we are talking about will impact on the lives of some of the most vulnerable children: the arrangements for their future care and the ability of caregivers to provide that care. We should not forget that as we take decisions on these amendments.

That brings me to the end of my concluding remarks. I can but thank the Members for their support and engagement in getting to this stage.

Amendment agreed to.

Clause 122 (Duty of authorities to promote educational achievement and prevent disruption of education and training)

Amendment No 2 made:

In page 75, line 32, leave out from "achievement" to end of line 33 and insert—

"—

(a) learning and development; and

(b) achievement in relation to education or training." — [Mr Swann (The Minister of Health).]

Clause 155 (Regulations and orders)

Amendment No 3 made:

In page 96, line 2, at end insert—

"(ba) section 24;

(bb) section 52;

(bc) section 77;". — [Mr Gildernew (The Chairperson of the Committee for Health).]

Clause 158 (Review)

Amendment No 4 made:

In page 97, line 32, leave out subsections (1) and (2) and insert—

"(1) The Department must, at least once every three years—

(a) prepare and publish a report on the implementation of each of the provisions of Parts 1 and 2, and

(b) lay a copy of the report before the Assembly.

(2) The first report under subsection (1) must be prepared and published within the period of 3 years beginning with the date on which this Act is passed." — [Mr Swann (The Minister of Health).]

Amendment No 5 made:

In page 98, line 1, leave out subsections (3) and (4) and insert—

"(3) This section expires at the end of the period of ten years beginning with the date on which this Act is passed, but this is subject to subsection (4).

(4) Subsection (3) does not have effect unless all of the provisions of Parts 1 and 2 have been commenced and included in a report under this section." — [Mr Swann (The Minister of Health).]

That concludes the Further Consideration Stage of the Adoption and Children Bill. The Bill stands referred to the Speaker.

I ask Members to take their ease for a few moments before the next item of business.