My Lords, these are complicated matters. We need to come down on one side of the fence. Can primary legislation cope with these matters, or are there so many variables that we have to rely on guidance? Guidance would allow more judgment than could be exercised if faced with a section in an Act of Parliament. My perception is that we would be better advised to rely on statutory guidance. If we do not like it or do not think it deals adequately with all the variations that have been talked about today, we can debate it in Parliament and ask the Government to think again. However, trying to cover what has been talked about today in a clause in a Bill which becomes an Act of Parliament will not work. Therefore we have to rely to a much greater extent on the development of confidence and judgment within the system operated by the courts, local authorities, social services and voluntary agencies. That is the way we should go.
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