HL Deb 08 November 1989 vol 512 cc734-5

48 Clause 17, page 14, line 5, leave out from 'who' to end of line 6 and insert —

  1. '(a) has parental responsibility for him;
  2. (b) is willing and able to —
    1. (i) provide accommodation for him; or
    2. (ii) arrange for accommodation to be provided for him, objects'.

The Lord Chancellor

My Lords, I ought perhaps to explain Amendment No. 48 fairly shortly. A fuller discussion may arise in relation to the amendment to the amendment on the Marshalled List. I also wish to speak to Amendment No. 49 in this connection. Amendments Nos. 48 and 49 are concerned with the provision of accommodation for children under voluntary arrangements.

When the Bill left this House, Clause 17(7) provided that a local authority may not provide accommodation for a child under voluntary arrangements if any person who has parental responsibility objects. Amendment No. 48 would limit the bar on local authorities providing accommodation to cases where an objection is made by a person who has parental responsrblity and that person is willing and able to provide alternative accommodation or arrange for such accommodation to be provided.

However we are concerned that subsection (7) as presently drafted goes too far. For example, a mother bringing up a child alone after separation may experience difficulties and ask the local authority to look after the child for a short period. The estranged father, under the provisions as drafted, could block this arrangement even though he himself had no intention or means of providing accommodation for the child. I beg to move.

Moved, That the House do agree with the Commons in the said amendment. —(The Lord Chancellor.)