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Children and Adoption Bill [Lords]

Perhaps I should just pass on that intervention. We will support the Select Committee recommendation—which has been accepted by a number of people who gave evidence to the Committee and were involved in the discussions—that a statement should be inserted into the welfare checklist required under the Children Act 1989. For my version of the provision, I have chosen the wording recommended by the Select Committee—that the courts should have regard to"““the importance of sustaining a relationship between the child and a non-residential parent””." It is important that we find wording that will not cause conflict between two legal presumptions. To pursue something that might lead to a dangerous outcome is far more damaging than feeling that one has signed one’s life away because one has signed an early-day motion. When people sign an early-day motion they do not expect every word of it to appear in legislation. Our proposal is important to us; there should be such a legislative statement. I was attracted to the new clause proposed by the hon. Member for Stafford (Mr. Kidney), as its ingredients included all the issues that we want to raise. We need provisions that will move us forward rather than saying, ““No, no, we cannot put anything on the face of the Bill””, but we must give them due consideration. It is interesting that the Government picked up the suggestion for an addition to the welfare checklist as an idea that they would investigate. It was supported by the scrutiny Committee for the draft Bill, but the Government said at one stage that it was not appropriate because it would be relevant only to private law and not to public law. I cannot follow that argument, because one would not need to take such a checklist into consideration in a public law case. I would have thought that there was a way round that point and that it need not be the problem that has been suggested. All Liberal Democrat MPs are concerned that children and parents retain contact where it is safe to do so, but we need to find the right route. I look forward to the response of the Under-Secretary of State for Education and Skills, the hon. Member for Gloucester (Mr. Dhanda). New clause 4 is slightly different from the provision on which we voted in Committee, but if he can reassure me that it is perfectly safe, we could vote for it. However, on such an important issue, when we know that children die if wrong decisions are made—

About this proceeding contribution

Reference

447 c1228-9 

Session

2005-06

Chamber / Committee

House of Commons chamber
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