§ [No. 165]
§ After Clause 58 insert the following new clause—
§ Return of children taken away in breach of section 17(8) or (9) of the Social Work (Scotland) Act 1968.
§
(" . In section 17 of the Social Work (Scotland) Act 1968 (effect of assumption of parental rights) the following subsection is inserted after subsection (9)—
(10) Where an offence under subsection (8) or (9) of this section has been or is believed to have been committed, a constable, or any person authorised by any court or by any justice of the peace, may take and return the child to the local authority or voluntary organisation in whom are vested the parental rights and powers relating to the child.".")
§ 9.45 p.m.
Lord WINTER BOTTOMMy Lords, although it does not appear on our 1305 "signpost" I should like to speak to Amendment No. 287 together with No. 165. These two Amendments introduce new provisions relating to the recovery of children in care who have either run away or have been taken away from the place in which they are required to live. The Amendments are broadly equivalent to Amendments Nos. 140 and 141 for England and Wales. This is a Scottish matter—it is the retrieval of the child in Scotland. Amendment No. 165 inserts a provision in Section 17 of the Social Work (Scotland) Act 1968, empowering any court or justice of the peace to authorise the taking and return of any child whose parental rights have been vested in a local authority or voluntary organisation and who has been illegally removed. That is the objective of this Amendment. I beg to move that this House doth agree with the Commons in their Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Winterbottom.)
§ Lord ELTONMy Lords, subject to correction, I think Amendment No. 287 goes with Amendment No. 172. It is about reporters to children's hearings in Scotland. I would not wish the noble Lord to feel he had to speak about it again; I only wish to preserve the opportunity for my noble friend to Teak a second time when this matter arises, if that should prove necessary.
§ Baroness ELLIOT of HARWOODMy Lords, I agree with this Amendment and this new clause in Amendment No. 165. I hope it will be successful in what it intends to do.
§ Lord WINTERBOTTOMMy Lords, may I say that I have just discovered that in fact Amendment No. 287 splits into two parts. The second part of No. 287, which I suggest we should tackle when we reach it, relates to the retrieval of the child and is relevant to the Amendment we have just been discussing.
§ Lord ELTONMy Lords, I am much obliged to the noble Lord.