HL Deb 23 May 1939 vol 113 cc146-50

7.20 p.m.

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(Lord Eltisley.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF ONSLOW in the Chair.]

Clause 1 agreed to.

Clause 2:

Registration of adoption societies.

(4) A registration authority may at any time cancel the registration of an adoption society on any ground which would entitle the authority to refuse an application for the registration of the society, or on the ground that the society is no longer a charitable association.

LORD ELTISLEY moved to insert, at the end of subsection (4), "or on the ground that the administrative centre of the society is no longer situated in the district of the authority." The noble Lord said: This Amendment really speaks for itself. The case may occur in which a registered adoption society may decide to move its administrative centre from the district of the authority by which it has been registered and thereafter carry out its work in the district of another registration authority. It appears obviously right that the control of the registered adoption society should be exercised by the authority in whose district the society carries out its operations. The purpose of the words to be added by this Amendment is to remove any possible doubt as to the power of the registration authority of the first district to terminate the registration of the society in that district. It would, if I may offer an example, be patently absurd if, when an adoption society were registered by an authority in the North of England, that authority should not have clear power to terminate the registration of the society if it moved to the South of England. That represents the object of this Amendment, which I beg to move.

Amendment moved— Page 3, line 18, at end insert ("or on the ground that the administrative centre of the society is no longer situated in the district of the authority").—(Lord Eltisley.)

VISCOUNT BRIDPORT

With this Amendment and the other Amendments on the Paper in the name of the noble Lord, Lord Eltisley, I am instructed to say that His Majesty's Government are in complete agreement.

On Question, Amendment agreed to.

Clause 2, as amended, agreed to.

Clause 3 [Procedure and right of appeal where registration refused or cancelled:]

VISCOUNT BERTIE OF THAME

The object of all the Amendments standing in my name is to correct cases of inconsistent grammar. As the Bill comes from another place, perhaps I had better give the reason for moving these Amendments. As your Lordships are well aware, the noble and learned Viscount, Lord Sankey, when he was Lord Chancellor, laid down the rule that a draftsman could choose to treat a noun of multitude either as singular or plural, but that once he had made his decision he should continue throughout the Bill to follow that with which he had originally begun. A registration authority is treated in Clause 2, page 2, lines 29 and 30 as singular, but under this clause it has been treated as plural. I therefore propose that the registration authority should be treated as singular throughout the Bill. I beg to move.

LORD ELTISLEY

May I respectfully accept these Amendments? I think it is perhaps fortunate to have someone who watches over the grammar of a Bill. I hope that this will prove a gentle reminder that a draftsman must mind his p's and q's and take note of neuter singulars and masculine plurals.

THE LORD CHAIRMAN

Perhaps, as Lord Eltisley has stated that he accepts Viscount Bertie's Amendments, I may put them en bloc.

Amendments moved—

Page 3, line 19, leave out ("propose") and insert ("proposes")

Page 3, line 20, leave out ("them") and insert ("it")

Page 3, line 24, leave out ("their") and insert ("its")

Page 3, line 26, leave out ("intend") and insert ("intends")

Page 3, line 37, leave out ("decide") and insert ("decides")

Page 3, line 39, leave out ("they") and insert ("it")

Page 3, line 40, leave out ("their") and insert ("its").—(Viscount Bertie of Thame.)

On Question, Amendments agreed to.

Clause 3, as amended, agreed to.

Clause 4 [Regulations]:

LORD ELTISLEY

In view of what has been said from the Front Bench, I do not know whether it is necessary to give an explanation of this Amendment.

Amendment moved— Page 4, line 21, leave out ("the parents or guardians") and insert ("persons having the care and possession").—(Lord Eltisley.)

On Question, Amendment agreed to.

VISCOUNT BERTIE OF THAME

The next Amendment is consequential.

Amendment moved— Page 5, line 29, leave out ("whom") and insert ("which").—(Viscount Bertie of Thame.)

On Question, Amendment agreed to.

Clause 4, as amended, agreed to.

Clause 5 agreed to.

Clause 6 [Provisions relating to arrangements made by registered adoption societies:]

VISCOUNT BERTIE OF THAME

This is the case of an adoption society. In Clauses 1, 2, 3 and 4 it is treated as singular, but in this clause it is treated as plural. I beg to move to correct it.

Amendment moved— Page 7, line 7, leave out ("their") and insert ("its").—(Viscount Bertie of Thame.)

On Question, Amendment agreed to.

LORD ELTISLEY

Mine is a drafting Amendment.

Amendment moved— Page 7, line 31, after ("court") insert ("by which the offender is convicted").—(Lord Eltisley.)

On Question, Amendment agreed to.

VISCOUNT BERTIE OF THAME

The next Amendment relates to the case of a child, which is treated elsewhere throughout the Bill as masculine but in this case is treated as neuter. I beg to move that it be treated as masculine.

Amendment moved— Page 7, line 32, leave out ("which") and insert ("whom").—(Viscount Bertie of Theme.)

On Question, Amendment agreed to.

Clause 6, as amended, agreed to.

Clause 7 [Certain adopted children to be supervised by welfare authorities]:

LORD ELTISLEY

This is in the nature of a drafting Amendment.

Amendment moved— Page 8, line 13, leave out the first ("the") and insert ("any").—(Lord Eltisley.)

On Question, Amendment agreed to.

LORD ELTISLEY

I beg to move.

Amendment moved— Page 8, line 13, after ("person") insert ("not being the parent or guardian of the child, or the person in whose care and possession he is to be placed").—(Lord Eltisley.)

On Question, Amendment agreed to.

Clause 7, as amended, agreed to.

Clauses 8 to 10 agreed to.

Clause 11 [Restrictions on sending children for adoption abroad]:

LORD ELTISLEY

I beg to move.

Amendment moved— Page 13, line 25, after ("subject") insert ("or the guardian or a relative of the child").—(Lord Ellisley.)

On Question, Amendment agreed to.

Clause 11, as amended, agreed to.

Clauses 12 to 14 agreed to.

Clause 15 [Application to Scotland]:

LORD ELTISLEY

I beg to move.

Amendment moved— Page 16, line 24, leave out ("1927") and insert ("1938").—(Lord Eltisley.)

On Question, Amendment agreed to.

Clause 15, as amended, agreed to.

Remaining clauses agreed to.

Schedule agreed to.