Children and Young Persons Bill [HL]

My Lords, in supporting Amendments Nos. 7 and 8, I declare an interest as vice-chairman of the All-Party Group on the Trafficking of Women and Children, and would remind the Minister, although no doubt he knows this, that some time later this year the convention on trafficked women and children will become part of English domestic law. Article 10.4 requires the United Kingdom, along with other countries which have signed the convention on trafficking, to provide a guardian, legal organisation or agency. I have not got the words entirely right but, I confess, I could not find in a hurry the convention. So there is an obligation on the Government to put into law—I would assume in primary legislation—the word ““guardian”” for trafficked children. Consequently it will not be long—because some asylum children are trafficked and some very often have human rights claims—before, at the very least, trafficked children have a person, whether it be a guardian or someone from a legal organisation or agency, when the convention on trafficking becomes part of domestic law. It seems extraordinarily appropriate that it should be ahead of the game by becoming part of children law at this stage. However, currently the word ““guardian”” has a special meaning in English family law. It means a guardian appointed by the court. There have been various guardianship laws in the past; for example, the Guardianship of Minors Act and the Guardianship (Refugee Children) Act, and the Children Act 1989 provides for guardians appointed by the court. I cannot believe that the noble Baronesses, Lady Morris of Bolton and Lady Walmsley, expect the court to appoint a guardian. Consequently, I respectfully suggest that it will be necessary either for another word to be used, or the word”” guardian”” is used with an explanation that this is not a guardian appointed by the court but a guardian appointed as an independent person—independent, certainly, of the Border and Immigration Agency and, I hope, of social services, which are overwhelmed, particularly in areas such as Croydon and Hillingdon—to carry out what the European convention will require us to carry out by the end of the year. I know the Government are looking at how to implement the trafficking convention and it would be entirely appropriate that this part of it should be done directly. However, I put the warning in about the word ““guardian”” having at the moment a legal meaning which needs to be broadened if it is to be used in the Bill.