HL Deb 08 November 1989 vol 512 cc761-2

99 Clause 28, page 24, line 37, leave out 'abroad' and insert `outside England and Wales'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 99. In moving this amendment I speak also to Amendments Nos. 302 to 308 inclusive. These amendments are intended to improve paragraph 17 of Schedule 2, which governs the placement abroad of children who are looked after by local authorities.

Amendments Nos. 99, 303, 305, 306 and 308 replace the word "abroad" by the words "England and Wales", the limit of the jurisdiction of the relevant provisions in Part III and Schedule 2. At present the ambit of this paragraph is unclear because the word "abroad" is imprecise. Amendment No. 302 is clarificatory in that, read with Amendment No. 303, it makes clear that placement of a care order child outside England and Wales may only be made with the approval of the court.

Amendments Nos. 304 and 307 limit the classes of person whose approval of arrangements for the child to live outside England and Wales is needed. In addition to the child, under subsection (3) consent would be required only from those with parental responsibility. This brings these provisions into line with the private law provision on emigration in Clause 12(1).

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

Lord Mishcon

My Lords, does it really mean that when the Bill left this House "abroad" meant Scotland?

The Lord Chancellor

My Lords, that underlines the imprecision of the word "abroad" which we are now seeking to cure.

On Question, Motion agreed to.