Children and Young Persons Bill [HL]

My Lords, I, too, support the responsible and humane principles which underlie the two amendments the House is considering. I support specifically everything that has been said so authoritatively by the noble and learned Baroness, Lady Butler-Sloss, who speaks with immense authority as a former president of the Family Division. The concept of guardianship in English law, as the noble and learned Baroness so clearly said, is a very special one. It means that guardianship is in the gift of the court. A guardian is an appointee of the court who has a special responsibility towards it. Therefore, while I well appreciate the indication of the noble Baroness, Lady Walmsley, it was never the intention of the drafters of the amendment that it should be a guardianship of that nature. However, it is important to realise that the European concept of guardianship is somewhat different from our own. In Europe they see guardianship as much on the same par as a person who is an adviser or a helper of the child. Goodness knows there is every need for such a role, but it is not the role of a guardian. In the light of the noble and learned Baroness’s remarks, the question that I humbly and respectfully raise is whether it is necessary to use the term ““guardian””. It is important that the officer fulfilling the role is appointed by an independent body and that his remit and responsibilities are clearly set out in statute. Once you have done that, you have answered the problem to a large extent and you have brought English law, in an anticipatory way, into line with the convention even before it has come into force.