§ [Nos. 210–211]
§ After Clause 74, insert the following new clause—
§ Amendments, repeals, commencement and transitory provisions
§ (" .—(1) Subject to the following provisions of this section—
- (a) the enactments specified in Schedule 3 shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential on the preceding provisions of this Act), and
- (b) the enactments specified in Schedule 4 are repealed to the extent shown in column 3 of that Schedule.
§ (2) This Act, except the provisions specified in subsections (3) and (4), shall come into force on such date as the Secretary of State may my order appoint and different dates may be appointed for, or for different purposes of, different provisions.
§ (3) Sections (Grants in respect of secure accommodation) (Grants in respect of secure accommodation for children), this section, section 76, (Power of reporters to conduct proceedings under Social Work (Scotland) Act 1968) and paragraph 42A of Schedule 3, shall conic into force on the passing of this Act.
§ (4) The following provisions of this Act shall come into force on 1st January 1976—
- (a) sections 2, 7(9) and (10), 12, 52, (Amendment of section 37 of Social Work (Scotland) Act 1968) to (Procedure in matrimonial proceedings), 67, 68, (Inquiries), (Inquiries in Scotland) and 71 to 74;
- (b) Schedules I and (Status conferred in Scotland by adoption);
- (c) In Schedule 3, paragraphs Al, A2, 1, 2, 3A, 5, 6, 8(6), 9A, 10B, 10C, 10D, 10E, 11(1), (2) and (4), 12 to 16, 20(b), 22, 24B, 25(aa), 25A, 26(b), 27, 28(c), (d), and (e), 29, 33, 38, 39, 40(a), 41(f)(ii), and (g)(ii), 41B, 42, 42B, 42D, 44, 46, 47, 49 to 51A, 54(3), 54B, 55, 58 and 61.
- (d) Parts I, II and III of Schedule 4.
§ (5) Until the date appointed under subsection (I) for sections 3 to 6, in this Act and in the 1958 Act "adoption agency" means a local authority or a registered adoption society within the meaning of the 1958 Act.
§
(6) Until the date so appointed for section II, section 5(1) of the 1958 Act shall, in relation to an application made after 31st December 1975 for an adoption order, have effect with the addition at the end of paragraph (b) of the following words" or
(c) has seriously ill-treated the child and that (whether because of the ill-treatment or for other reasons) the rehabilitation of the child within the household of that person is unlikely.
§ (7) Until the date so appointed for section 17, section 21A of the Children and Young Persons Act 1969 shall have effect as if for references to section (Adoption of children 1334 abroad) there were substituted references to section 53 of the 1958 Act.
§ (8) An order under subsection (1) may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provision of this Act then in force or any provision of the 1958 Act as appears to him to be necessary or expedient in consequence of the partial operation of this Act."
§ Clause 75, leave out Clause 75.
§ Lord WINTERBOTTOMMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 210 and 211 which, with the permission of the House, I will move together. Amendment No. 210 was introduced into the Bill in another place at Committee stage to group all powers connected with the commencement of the Bill and transitional matters in one clause. I do not propose to discuss the timing of implementation now. My noble friend Lord Wells-Pestell discussed this with your Lordships last Friday and, as he explained, it is a matter for continuing discussion with the local authority associations. The new clause gives the Secretary of State the most flexible power possible to bring into operation by order individual sections or parts of the Act either by themselves or in combination with other sections as and when resources become available. As I say, these timetables are contained in Amendment No. 210. It is long; but it deals with a simple issue.
§ Moved, That this House doth agree with the Commons in the said Amendments.-(Lord Winterbottom.)
§ Lord ELTONMy Lords, the issue may be simple, but the method of dealing with it is not. I share the noble Lord's anxiety to conclude this evening's proceedings. But I cannot do so without a final comment on the general character of the Bill as it is encapsulated in this Amendment. Although your Lordships will not have had the opportunity of going through it line by line, you will be aware that almost the only provision which will immediately come into force is that which enables grants to be made in place of loans for the building of secure places which we have discussed and which does not involve any new money. In subsection (4) there is a further group of provisions which, at slightly more than cursory examination, 1335 would appear to be largely a restatement of existing legislation. The rest of the Bill is simply an expression of an aspiration; it is a declaration of intent and will remain as such until the moment when, clause by clause, provision by provision, the Secretary of State sets the machine in motion. The noble Lord, Lord Winterbotom, rightly said he could not say when this will be, and the noble Lord rightly said, this depends on when resources are available to make it effective.
We on this side of the House wish it to be borne in mind that here is something which has been thought so much of a priority that great pressure has been put on this House to put this measure on the Statute Book before it should lapse and have to be brought in again. If it has such priority in terms of legislation, it should also have priority in terms of efficacy. I am certain that the character of the noble Lord's honourable friend in another place, the Secretary of State, is such that he will share the intentions we all have that the most important and effective parts of this Bill shall be put into action as soon as may be. We on this side should like to express our enthusiasm for what has been achieved, and the interest with which we shall watch it coming into action. Our anxiety is that it should not be lost sight of among the more political pressures and demands upon the funds which are admittedly short, but which must eventually be secured.
§ Baroness ELLIOT of HARWOODMy Lords, I should like to support what my noble friend has said in regard to Scotland, about which I have been speaking tonight. There will be certain things which will be expensive and they, no doubt, will be postponed. There is much in this Bill which does not require money but only requires reorganisation. It requires the will to do the job; it requires a certain change in some of the administration. All of this could be put into effect quickly. Since we all agree that this is not a Party political Bill in any sense, but a social work Bill which we are all anxious to help and put into effect, those parts of the Bill which are not involved in any great expense but only in reorganisation, replanning, changes of function of some people, and so on, should be put into effect as quickly as possible. I shall 1336 be deeply disappointed if, in a year or 18 months' time, half this Bill as it affects Scotland is not already in effect.
§ Lord WINTERBOTTOMMy Lords, having been on the fringe of this Bill at its beginning and in the heart of it now. I know from the measure of commitment among noble Lords and honourable Members of another place that the Government of the day, of whichever complexion, will not be allowed to let the intentions behind this Bill pass without due attention. There will be too many concerned people prodding them to allow them to sleep comfortably or cower behind the excuse that resources of manpower or money are not available. I agree with the noble Baroness, if we were efficient there are many resources we could use which we do not at the moment use.