My Lords, I understood what the noble Lord was saying. We must recognise the differences between different groups and that many take their responsibilities extremely seriously. Earlier the Child Support Agency was mentioned and my noble friend Lady Hollis, who is no longer in her place, pointed out that there are differences between those who contribute through the Child Sport Agency and those who do not. It may be interesting to debate the various ways in which people approach the matter.
The noble Lord’s amendment is interesting. We can offer him reassurance on the point of principle that he raised. In the Children Act 1989, there is a welfare checklist in Section 1(3). The checklist directs the court with respect to the child concerned to have regard to,"““how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs””."
That is in the spirit of what the noble Lord is searching for in the Bill. I also accept that the noble Lord raises a much broader debate, which I shall not enter into with great gusto at this point, about how we ensure that people understand the importance of being a good parent, including education in its broadest sense, not just within the school framework. That is important long before people have children and it is important when they have children and a relationship ends and the situation comes within those covered by the Bill. I accept the importance and value of that, but I believe that we have covered that point in the Bill.
In Amendment No. 22, the noble Baroness, Lady Morris, considers the activity that will take place. There is a great deal in what she said. We have to be alive to the risk of delay for all the reasons mentioned by the noble Baroness. We shall ensure that the courts are guided by CAFCASS so that they can work out what is available locally and how quickly it can be made available. I believe that in the Bill we have covered the concerns of the noble Baroness and I hope that she will consider that. We have said that the courts must, before making a contact activity direction or condition, be satisfied that the suggested provider is suitable to provide the activity, that the activity is appropriate in the circumstances and that it is provided in a place to which the individual can reasonably be expected to travel.
We have established that the provider who is suitable to provide the activity will, in light of the no-delay principle in a Children Act, include establishing that the activity can be provided within the timescale. The combination of the no-delay principle within the Act combined with that point does what the noble Baroness wants to do. I hope that that gives her the assurance she seeks within the legislation. We shall undertake a full mapping exercise to ensure that we understand exactly what provision is available. I have already said that we want to ensure that the £7.5 million is spent well on child contact centres, notwithstanding what the noble Earl, Lord Listowel, has said—I am grateful to him for explaining that in more detail. We know there are issues about contact centres, both in terms of geographical reach and in what they are able to offer. The matter does not rest with my department any more, but I know from contact with my noble friend at the Department for Education and Skills that his department is looking at that. I am sure that he will write to the noble Earl to tell him more about that. We shall deal with this issue. I believe the amendment is covered in the Bill already.
Children and Adoption Bill [HL]
Proceeding contribution from
Baroness Ashton of Upholland
(Labour)
in the House of Lords on Monday, 14 November 2005.
It occurred during Debate on bills on Children and Adoption Bill [HL].
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