HL Deb 08 November 1989 vol 512 cc796-7

156 Clause 38, page 35, line 34, leave out 'by or on behalf of a local authority' and insert —

  1. (i) by or on behalf of a local authority; or
  2. (ii) as a refuge, in compliance with the requirements of section (Refuges for children at risk),'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 156. I shall also speak to Amendments Nos. 164, 164A and 164B. The new clause "Abduction of Children in Care etc," which would be inserted by Amendment No. 164, will make it an offence to take or keep away from the person responsible for him under the relevant provisions of the Bill a child who is in care, the subject of an emergency protection order or in police protection; or to induce, assist or incite such a child to run away.

Amendment No. 164 provides for the recovery of such children who are abducted, kept away or have run away or are missing. The court may make a recovery order requiring any person who is in a position to do so to produce the child to an authorised person, or authorising the child's removal by the authorised person. A recovery order may also require a person who has information about the child's whereabouts to disclose that information, and may authorise a constable to enter premises and search for the child.

The new clause on refuges for children at risk (Amendment No. 164B) represents the outcome of discussions on the problem of "runaway" children with the Children's Society (which has considerable experience of this problem through its Central London Teenage Project) and others. The noble Lords, Lord Meston, Lord Banks and Lord McGregor of Durris, raised the problem in the Committee stage of the Bill in this House, when I undertook that an amendment would be tabled to give effect to the proposal in the White Paper The Law on Child Care and Family Services that organisations could, in specified circumstances, be exempted from liability as regards the harbouring of children.

Amendment No. 164B, which I understand meets all the concerns of the Children's Society, empowers the Secretary of State to issue certificates where a voluntary home or registered children's home, or local authority or voluntary organisation through a foster parent, propose to provide a refuge for children who appear to be at risk of harm.

Subsections (5) and (6) provide that where a certificate is in force the person providing the refuge in the home or as a foster parent will not be liable under any of the harbouring, inciting and other offences in the statutes listed in subsection (7). Subsection (4)(b) will allow the Secretary of State to impose requirements designed to ensure that refuges are properly run.

Amendment No. 156 would amend Clause 38(3)(e) to allow the constable who has taken a child into police protection to place him in a refuge as an alternative to placing him in local authority accommodation.

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

On Question, Motion agreed to.