HL Deb 08 November 1989 vol 512 cc859-60

297 Schedule 2, page 81, line 2, after 'person', insert 'who is not a parent of his but'.

298 Page 81, line 35, leave out from 'been' to end of line and insert 'infrequent'.

299 Page 81, line 39, leave out from beginning to end of line 40 and insert 'and that it would be in the child's best interests for an independent person to be appointed to be his visitor for the purposes of this paragraph, they shall appoint such a visitor.'

300 Page 81, line 44, leave out 'expenses reasonably incurred' and insert 'reasonable expenses incurred.'.

301 Page 82, line 7, at end insert — '(4A) Where a local authority propose to appoint a visitor for a child under this paragraph, the appointment shall not be made if—

  1. (a) the child objects to it; and
  2. (b) the authority are satisfied that he has sufficient understanding to make an informed decision.

(4B) Where a visitor has been appointed for a child under this paragraph, the local authority shall determine the appointment if —

  1. (a) the child objects to its continuing; and
  2. (b) the authority are satisfied that he has sufficient understanding to make an informed decision.'

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 297 to 301 en bloc. Amendment No. 297 is a drafting amendment. Amendment No. 298 clarifies the conditions for the appointment of an independent visitor in circumstances where communication between the child and his parents or others has been infrequent. This replaces the words: so infrequent that it is appropriate to appoint a visitor for him". Amendment No. 299 modifies the duty of the local authority to appoint a visitor if the conditions in paragraph 15(1) are met by introducing a qualification that it appears to the local authority that it would be in the child's best interest for an independent person to be appointed to be his visitor for the purposes of this paragraph.

Amendment No. 300 is a drafting amendment. Amendment No. 301 places further limitations on the duty to appoint a visitor. A local authority shall not appoint a visitor if a mature child objects and shall terminate an existing appointment if a mature child objects to its continuing.

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

On Question, Motion agreed to.