HC Deb 28 October 1975 vol 898 cc1467-8
Dr. Owen

I beg to move Amendment No. 153, in page 21, line 14, at end insert— '(3) If, in the case of an order made by the High Court under subsection (1), the High Court or, in the case of an order made by a county court under subsection (1), a county court is satisfied that the child has not been returned to the applicant, the court may make an order authorising an officer of the court to search such premises as may be specified in the order for the child and, if the officer finds the child, to return the child to the applicant. (4) If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom an order under subsection (1) relates is in premises specified in the information, he may issue a search warrant authorising a constable to search the premises for the child; and if a constable acting in pursuance of a warrant under this section finds the child, he shall return the child to the person on whose application the order under subsection (1) was made. (5) An order under subsection (3) may be enforced in like manner as a warrant for committal. (6) Subsections (3), (4) and (5) do not apply to Scotland'.

Mr. Deputy Speaker (Sir Myer Galpern)

With this we may take Government Amendment No. 156.

Dr. Owen

I undertook, during the discussions in Committee on 5th August on new Clauses 21 and 24, to give further thought to the question of the enforcement of orders under Clauses 29 and 40, and to consult leading authorities on the matter.

The effect of these amendments is to provide courts with fresh powers to order premises to be searched for a child who has been taken away unlawfully and has not been returned in accordance with an order made under subsection (1) of both Clauses 29 and 40.

I think that this fulfils the wish of the House, and I am glad that we have been able to meet those wishes.

Dr. Vaughan

We debated over and over again in the Committee this problem of recovering the actual person of the child, and I am glad that the Minister has been persuaded by our arguments that there was a loophole which needed filling. We welcome these amendments.

Amendment agreed to.

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