HL Deb 08 November 1989 vol 512 c833

233 Clause 64, page 59, line 27, leave out subsection (2) and insert— '(2) The powers of the court to make care orders —

  1. (a) under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); and
  2. (b) under section 15(1) of that Act, on discharging a supervision under section 7(7)(b) of that Act, are hereby abolished.'.

234 Page 59, line 29, leave out subsection (3) and insert — '(3) The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 8.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 233 and 234. At the same time I shall speak to Amendments Nos. 376, 377 and 378.

Amendments Nos. 233 and 234 are drafting amendments. Amendment No. 376 is a conseqential amendment flowing from Amendment No. 377 which the latter replaces. Amendment No. 377 is the important one in this group, which deals with the new power of the court to attach a "residence requirement" to a supervision order made in criminal proceedings in certain defined circumstances. The amendment replaces, with some minor modifications, the comparable provision in paragraph 16 of Schedule 8 to the Bill. The main changes in the revised version are: that the new power is included in a free-standing section of the 1969 Act; provision is now made for the court to attach a fresh "residence requirement" if a child already subject to such a requirement re-offends; a "seriousness of offence" test is now included in the conditions which must be met before the new requirement may be imposed, and before imposing such a requirement the court must obtain or have before it a social inquiry report which specifically addresses the circumstances in which the child has been living.

The final changes are that the provision now stipulates that a residence requirement shall designate the local authority which is to receive the child, and that the court must not impose a residence requirement without first consulting the designated authority. Amendment No. 378 is a further consequential drafting amendment.

This was a matter that we discussed quite considerably during the stages of the Bill in your Lordships' House. I hope that this improvement in the provision meets at least some of the concerns that were then expressed. 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.