HL Deb 08 November 1989 vol 512 cc750-1

67 Clause 21, page 17, line 32, after 'suffer', insert 'significant'.

68 Page 18, line 10, leave out subsection (6).

69 Page 18, line 14, leave out from beginning to 'having' in line 18.

70 Page 18, line 33, at end insert — '(10) This section is subject to section 17(8).'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 67 to 70. I speak at same time to Amendments Nos. 336, 337, 347 and 348.

This group of amendments deals with the restriction of liberty of young people. Noble Lords will remember that it was a matter that was very closely considered. We undertook to consider it further as the Bill progressed.

Amendment No. 67 further strengthens the criteria for restriction of liberty in subsection (1) of Clause 21 by requiring that under sub-paragraph (a)(ii) of that subsection the harm which the child is likely to suffer is significant harm. In other words, we have strengthened that.

Amendment No. 70 inserts a new subsection (10) which provides a cross-reference to subsection (8) of Section 17. This makes it clear that where a child is provided with accommodation under a voluntary arrangement, any person who has parental responsibility for the child may at any time remove the child from secure accommodation, even where the local authority has obtained the authority of the court under this section to restrict his liberty.

Amendments Nos. 68 and 69 remove the references in Section 21 to appeals and legal aid respectively. These are provided for in the new clauses on appeals and legal aid in Amendment No. 238 (which is to be considered later) which are general in scope. When we discussed this section in Committee I undertook to reflect further on a very important point of principle raised by my noble friend Lord Campbell of Alloway. This concerned the need to protect young people not directly caught by this provision who may have their liberty restricted in, for example, private psychiatric homes and also in National Health Service establishments. I hope that I can now provide some reassurance to noble Lords who expressed concern on this matter.

Amendments Nos. 232 and 232A introduce two new clauses requiring local authorities to be notified of the accommodation of children in certain specified establishments. These relate to certain children who are provided with accommodation by any health authority or local education authority, or in any residential care home, nursing home or mental nursing home. It is the Government's intention that when new secure accommodation regulations are brought forward under the provisions in subsection (8) of Section 21, children accommodated in the types of establishment specified in Amendments Nos. 232 and 232A who have their liberty restricted will be brought within the scope of Section 21. I believe that that provides the safeguards which my noble friend was seeking.

I hope your Lordships will also welcome the changes proposed by the remaining amendments in this group. Amendments Nos. 336 and 337 replace the regulation-making power of the Secretary of State in Schedule 5 to approve the provision of secure accommodation in voluntary homes with a power to prohibit the provision of such accommodation. Amendments Nos. 347 and 348 make comparable changes to Schedule 6 in respect of registered children's homes. I beg to move.

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

On Question, Motion agreed to.