§ Mr. OlnerTo ask the Secretary of State for Scotland if he will seek to amend the Family Law Act 1986, to make court orders to hand over children directly enforceable throughout the United Kingdom without the need for further enforcement proceedings and applications for leave aid.
§ Lord James Douglas-HamiltonThe current procedures set out in the Family Law Act 1986 are based on well-researched recommendations made by the Law Commission and the Scottish Law Commission in their joint "Report on Custody of Children—Jurisdiction and Enforcement within the United Kingdom" (Law Corn No. 138) (Scot Law Com No. 91). As the Family Law Act 1986 has application in the various jurisdictions throughout the United Kingdom any proposal to change the rules in Scotland would require consideration at the same time within the other jurisdictions. I have no evidence that the current arrangements are not working satisfactorily or that they give rise to unnecessary delays.
§ Mr. OlnerTo ask the Secretary of State for Scotland what steps are being taken to ensure that in all proceedings relating to child abduction—article 12 of the United Nations convention on the rights of the child—are applied with respect that the wishes of the child should be ascertained by appropriately trained professionals and given consideration, if necessary, through separate legal representation in the light of the child's age and understanding.
§ Lord James Douglas-HamiltonIt is already the practice of the Scottish courts, in considering any matter which relates to the welfare of a child, to afford the child the opportunity in appropriate cases of putting his or her views to the court, and to seek a report from a trained professional.
In its report on "Family Law" (Scot Law Corn No. 135), the Scottish Law Commission, among other matters, recommends that in considering whether to make an order relating to parental responsibilities or rights, or guardianship, a court should be required to give due consideration to any relevant views of the child concerned which are properly before it, taking account of the child's age and maturity. The commission also recommends that rules of court should ensure that a child who is capable of 382W forming his or her own views and who wishes to have his or her views put directly before a court in any proceedings relating to parental responsibilities or rights, or guardianship, has a readily available procedural mechanism for doing so. We are currently giving careful consideration to these recommendations.
§ Mr. OlnerTo ask the Secretary of State for Scotland if he will extend the passport office's powers to block the issue of a passport to cover objections made by the reporter to the children's panel on the basis of a children's hearing supervision requirement.
§ Mr. Charles WardleI have been asked to reply.
United Kingdom passports are issued in the United Kingdom at the discretion of the Home Secretary exercising the royal prerogative. The Passport Agency will accept an objection to the issue of a passport from the reporter to the children's panel if a warrent for the apprehension of a child has been issued with a view to detention in a place of safety.