My Lords, I am very grateful to all noble Lords who have spoken in support of the amendment, and to the Minister for setting out the context for this clause and his very full response to the amendments. Before turning to best interest, which is the primary purpose of the amendment, I want to go back to the issue of the “qualifying child”. I still have not heard a justification for the age of seven, other than that it happened to be in a previous concession. However, we do not know why that happened. When I was making the point about how children under the age of seven—let us say between the ages of four and seven, given the court case which referred to the age of four—noble Lords were nodding their heads all around me. Everyone recognises how a young child can develop really important attachments beyond the family. I have not heard any convincing argument against that from the Minister. I hope he will take that away and reflect further on the age of seven. Should we not be thinking about a younger age—say, four—given that court case? The point has been made that the key issue is the age at which children go to school. In this country, children go to school before the age of seven.
The main point of the amendments is the “best interests” of the child. I am perplexed. I thought that there was no disagreement in principle between us. I am very grateful to the Minister for putting things clearly on the record, as requested. He has placed great emphasis on the need for clarity in the Bill. Yet the noble Lord, Lord Pannick, who is not someone to be confused by legislation, is confused by the Bill. The Joint Committee on Human Rights, which is charged by Parliament to advise it on the human rights implications of legislation, is very clear that this needs clarifying in the Bill. I do not think that it would lead into technical process arguments rather than substance arguments. Therefore, while I am pleased to have it confirmed that there is no difference in principle between us, in the interests of clarity and reassurance to a great number of organisations concerned with the interests of children, I do not think that I have heard one convincing argument as to why this amendment or a similar one cannot be accepted.
Despite what the Minister has said, I hope that he will take the issue away and think about it further because I certainly will. I beg leave to withdraw the amendment.