APPLICATION OF PART 5 OF THE CARE STANDARDS ACT 2000

HC Deb 11 May 2001 vol 368 cc365-6

Lords amendment: No. 1, in page 1, line 28, leave out subsection (3) and insert—

"(3) For subsection (6) substitute—

"(6) Regulations may provide for the references to a child in subsection (1) to include references to a person (including a child) who was at any time (including a time before the commencement of this Part)—

1. (a) a child ordinarily resident in Wales;
2. (b) a child to or in respect of whom services were provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B: or
3. (c) a child to or in respect of whom regulated children's services in Wales were provided.""

9.38 am

The Parliamentary Under-Secretary of State for Wales (Mr. David Hanson)

I beg to move, That this House agrees with the Lords in the said amendment.

I thank you for your remarks, Mr. Speaker. Government Members wish you well in your attempt at parliamentary re-election, and you certainly know where our sympathies lie regarding your subsequent re-election attempt.

I hope that the amendments will not be controversial. There have been no Divisions in the other place or the Commons on these matters. This is a technical amendment, which will extend the application of part 5 of the Care Standards Act 2000 to ensure that the commissioner can exercise his jurisdiction in respect of dead children and those who, sadly, die in circumstances that he may wish to investigate.

The Government have re-examined clause 1, and we believe that there may be some doubt about the commissioner's jurisdiction in respect of such children. Given the tragic circumstances in cases such as that of Anna Climbie, of which the whole House will be aware, it is important that we ensure that the commissioner can consider the role of relevant agencies in Wales if he wishes to investigate following the death of a child. I hope that there will be general support for the amendment. I have had discussions with Opposition parties, and I know that they support it. I commend it to the House.

Mrs. Angela Browning (Tiverton and Honiton)

I, too, wish those Members who are retiring, some of whom are present in the Chamber, a happy retirement, especially the right hon. Member for Caernarfon (Mr. Wigley). Although we hope that his will not be a full retirement, he is departing this Parliament and we wish him well for the future. On a personal note, I should like to say to another Member who has taken a special interest in children's issues, the hon. Member for Newcastle-under-Lyme (Mrs. Golding), that I wish her every joy in whatever she does after leaving Parliament.

We welcome the amendments. The Minister is right to say that they did not cause division along party lines in Committee. My hon. Friend the Member for North Dorset (Mr. Walter), who led on many of the issues in Committee, made many of the same points that the Minister has made today. We are glad that the Government have reconsidered their position and tabled the amendments. The fact that the Bill is to receive Royal Assent is welcome to us, albeit with one caveat, which is that we hoped that it would extend to England as well. However, that can be dealt with in future. I agree with the Minister's comments. The Conservatives will be happy to support the amendment.

Mr. Martyn Jones (Clwyd, South)

I, too, support the amendment. I congratulate the Government on getting the Bill through late in the Parliament when it could easily have got lost. I am glad on behalf of the children of Wales that it did not.

As Chairman of the Select Committee on Welsh Affairs, which first recommended the establishment of a Children's Commissioner for Wales, I am pleased that the Assembly has seen fit to implement our recommendation. There is a possibility that jurisdiction might be extended to England from Wales. In our latest inquiry, we are considering the position of children who are in custody in England. whose rights might not be as good as they would be in Wales. I hope that the Government take that further when they are re-elected and that they establish commissioners throughout the rest of the United Kingdom.

Mr. Hanson

On the extension of commissioners to other parts of the UK, the Government will examine the role of the Children's Commissioner for Wales. The Minister of State, Department of Health, my hon. Friend the Member for Barrow and Furness (Mr. Hutton), will reflect on the Welsh experience. There will be opportunities to consider the matter further. I am grateful for the Opposition's support for the amendment.

I echo the good wishes to right hon. and hon. Members who are retiring from Parliament. I know that some will speak later today.

Lords amendment agreed to.