My Lords, I thank all those who have spoken on this amendment with a unanimity of support for it. I acknowledge, however, that Amendment 12 is more accurate since it recognises the different position of Wales, whereas my amendment was entirely devoted to the question of what was taken out and did not address the rest of the subsection, so I apologise for that. I think it should probably be Amendment 12 rather than Amendment 11.
The question of ethnicity, culture and so on is not just a question of black, white or brown. I happen to know Kenya quite well and there are 45 tribes and, I think, 47 languages there. It is totally different from Ghana or Nigeria, and so different from Jamaica. It would be very difficult to put a black child from Kenya with a black family from Jamaica. It would be much easier to put them with a white family. I have experienced the difficulties of a black family of whom the son, who is mixed race, is my godson, of whom I am extremely proud, and his black mother in the Cayman Islands had a very rough time because she came—according to the people in the Cayman Islands—who were black, from the trees. So when we are talking about ethnicity, we are not talking about black, white or brown, or indeed people from south-east Asia, whether they are Vietnamese, Malaysian or whatever it may be. What we are looking at is their cultural background, their ethnicity—and the ethnicity, as I say, of one black tribe. Indeed, those who come from certain parts of the United Kingdom are very different from other parts of the United Kingdom or other parts of Africa or Asia. It is important that we recognise that.
One of the most important points that were made in the speeches was about the issue of identity, and that follows very much from what I have just said. It was well put by the noble Baroness, Lady Young, to whom I am grateful. It is underlined by the United Nations Convention on the Rights of the Child. I very much liked what the noble Baroness, Lady Perry, said about respect. I am not quite sure how easy it would be to put into a list of what a judge must have regard to. I am not entirely sure whether we could require a judge to have regard to respect, but it was a very attractive idea and one that we should be looking at.
I take issue with the Minister: we are not suggesting for one moment that there should be a sameness of ethnicity, such that a Kenyan child would always have a Kenyan family. That is impossible and not even desirable. What is needed is an understanding by each of those who would wish to adopt of the cultural differences between them and the child whom they may adopt: the origins, language and culture of the child, as well as racial differences. These need to be understood and recognised, and that is the point of these two amendments.
If the Minister thinks that I am talking about same ethnicity—which is what he has just said—then I hope he will read what I have said in Hansard, both now and in my opening speech, because in no way did I intend that to be. There is a real danger, as has also been said, in replacing dogma with dogma—“I pick it up and adopt it with enthusiasm”—because that, I fear, is what this Government are proposing to do. Having come to the view, which I totally understand and with which I agree, that in the past there have been efforts to put a black child with a black family, regardless of their ethnicity, they are now saying that we must not consider it at all. That is a step too far, and I am very concerned about it. I am grateful to the Minister for saying that the Elaine Farmer report was from 2010, but we had evidence last year that that problem with social workers has largely disappeared.
If the amendment is not given the prominence of being in Section 1(5) but is neatly packaged away, as I have suggested, in subsection (4)(d), it will not get undue prominence. I must say respectfully that the Government are wrong in not listening to the unanimity of this Committee in what has been said today. I hope that they will go away and at ask at every level—not only at the level of junior Ministers but right to the top—whether we are really all wrong. I respectfully say that we are not. I shall bring back the amendment on Report and hope that everyone will support me on that occasion if the Government will not listen, but for the moment I beg leave to withdraw the amendment.