§ Mr. MellorI beg to move amendment No. 370, in page 113, line 1, leave out
`require the approval of the Secretary of State for the provision and'and insert 'prohibit the'.
§ Mr. SpeakerWith this it will be convenient to take Government amendments Nos. 371 to 373.
§ Mr. MellorThese are substantive amendments, so I should say a word or two about them. They make an important but, I hope in the light of the debates that we had in Committee, a welcome change to the Secretary of State's regulatory power in connection with voluntary and registered children's homes. In both schedule 5 and schedule 6, the Bill makes provision for the Secretary of State by regulation to give his approval to the provision and use of accommodation for the purpose of restricting liberty in such homes.
Amendments were tabled in Committee designed to remove these powers and to replace them with the power to prohibit the provision of secure accommodation in voluntary and registered children's homes completely. At that time I explained that although the Secretary of State had no current intention to give his approval to the provision of secure accommodation in such homes, we thought it right to provide some flexibility in the arrangements should the need for such future provision become apparent.
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I undertook to consider the matter further. Having carefully considered the points made in Committee, I have concluded that the Bill should be amended and that the Secretary of State's power to approve the provision of 489 secure accommodation in registered and voluntary homes should be replaced by a regulation-making power to prohibit the use of such accommodation.
Amendments Nos. 370 and 371 make the necessary changes in so far as they affect voluntary homes, and amendments Nos. 372 and 373 make comparable changes affecting registered children's homes. I think that the changes will be welcomed in the House.
§ Amendment agreed to.
§ Amendment made: No. 371, in page 113, line 3, leave out from 'homes' to end of line 6.—[Mr. Mellor.]
§ Mr. MellorI beg to move amendment No. 199, in page 113, line 12, after 'on' insert 'or in charge of.'
§ Mr. SpeakerWith this we shall discuss Government amendments Nos. 411, 205 and 206.
§ Mr. MellorThese amendments amend the powers to make regulations in respect of voluntary and registered children's homes. I do not believe that they are controversial.
§ Amendment agreed to.
§ Amendment made: No. 411, in page 113, line 18, at end insert—
§ Disqualification
§ 7A. The Secretary of State may by regulation make provision with respect to the disqualification of persons in relation to voluntary homes of a kind similar to that made in relation to children's homes by section 58.'.—[Mr. Mellor.]
§ Mr. MellorI beg to move amendment No. 201, in page 113, leave out lines 19 to 27.
§ Mr. SpeakerWith this we may discuss Government new clause 15.
§ Mr. MellorThis is a substantive amendment and a substantial new clause. Their effect would be to clarify the powers of voluntary organisations to provide accommoda-tion for children, mainly by bringing the powers together in one place.
New clause 15 sets out the powers of voluntary organisations to provide accommodation by placing the child with a family, a relative or others, in a home—for example, a voluntary or registered children's home—or by making other arrangements. The provisions are equivalent to those in clause 20 that deal with the placement of children by local authorities.
I hope that by bringing the powers together in one place, the effect of the new clause will be helpful to practitioners in what is otherwise a complex area.
§ Amendment agreed to.