HC Deb 28 October 1975 vol 898 cc1314-6

'.—(1) A court dealing with an application made under this Part, or an, application which is treated as if made under section 32, may request—

  1. (a) a local authority to arrange for an officer of the authority, or
  2. (b) a probation officer,
to make to the court a report, orally or in writing, with respect to any specified matter which appears to the court to be relevant to the application, and it shall be the duty of the local authority or probation officer to comply with the request.

(2) Subsections (2) to (6) of section 6 of the Guardianship Act 1973 shall apply in relation to reports which are requested by magistrates' courts under this section as they apply to reports under subsection (1) of that section.'—[Dr. Owen.]

Brought up, and read the First time.

Dr. Owen

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker

With this new clause we are to consider Government Amendments Nos. 35, 36 and 63 to 69.

Dr. Owen

Subsection (1) of the new clause restates in plain language, instead of by reference to other legislation, the effect of Clause 37, which is taken out of the Bill by Amendment No. 35. Its effect is to give any court dealing with an application under Part II power to call for a report from a local authority officer or a probation officer.

Subsection (2) applies to such reports when they are asked for by a magistrates' court, the provisions of Section 6 of the Guardianship Act 1973, as amended by Clause 73, relating to the way in which a report may be admitted in evidence.

I hope that that will clarify an issue which was discussed in Committee.

Mrs. Lynda Chalker (Wallasey)

Are we dealing with something that is purely a matter of clarification? Amendments Nos. 63 to 69 refer to "a magistrates' court". Does not this complicate the situation in Scotland, or are there other amendments to sort out the situation?

Dr. Owen

I believe that there is clarification of the situation in Scotland elsewhere. I do not believe that this causes any problems in Scotland, but I shall check.

Mr. John Robertson (Paisley)

If there is any effect on Scotland, it would be as well if a Scottish Minister said something about it. Only one Scottish hon. Member served on the Committee considering the Bill, and he was not from the Labour benches. In Committee there were two Ministers dealing with the Bill, and now we have a third. The Bill is being rushed through the House without adequate consideration being given to its effect on Scotland.

With due respect to my hon. Friend the Under-Secretary of State for Scotland, that is not good enough. My hon. Friend should give me an assurance that nothing is being done that will offend my sensitivity about the possible effect on Scotland.

The Under-Secretary of State for Scotland (Mr. Frank McElhone)

I am glad to respond to my hon. Friend the Member for Paisley (Mr. Robertson). I can assure him that we have gone into the Bill thoroughly. Former Ministers and I spent many hours on it during the Committee stage. There is nothing in the new clause that is detrimental to Scotland. If my hon. Friend is prepared to sit through what I hope will be a reasonably short sitting he will learn that we have paid a great deal of attention to Scotland.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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