Children and Families Bill

Debate between Baroness Eaton and Baroness Walmsley

Monday 9th December 2013 Lords Chamber

[Baroness Eaton]

My Lords, I support the amendments in my name and those of the noble Baroness, Lady Hamwee, the noble Lord, Lord Storey, and the noble Viscount, Lord Eccles. I do not wish to rehearse all the points that my colleagues have already made but it is important to say that part of what we need is a cultural change of collaboration and working together in local authorities to create a climate where adoption happens with ease for all the children needing a loving home.

The word “direction”, which hangs over local authorities, is not conducive to a working, productive relationship. It is dictatorial and does not create the atmosphere that we are all looking for. As the noble Lord, Lord Storey, said, we need the Secretary of State to have the absolute power at the end, if it is required, but the amendment ensures that there is justification for anything that is taken before both Houses of Parliament, and I am sure that we will all be more comfortable about such scrutiny. The idea that, with the direction, the Secretary of State merely has to give his reasoning but does not give anyone the chance to fully debate the matter and make changes would not be helpful in this process.

I support these amendments and I hope that they will take us much further forward in obtaining the co-operation we need and the adoption system that we are looking for.

[Baroness Walmsley]

My Lords, I support the amendment in the name of my noble friend Lady Hamwee.

A point was made by two earlier speakers that the Secretary of State could use successive orders under new Section 3A(3)(b) to achieve what new subsection (3)(c) provides for—in other words, to wipe out all local authorities from these various functions. Given the fact that new subsection (3)(c) is in the Bill, any Secretary of State who were to try that would, I am sure, be challenged for an abuse of process. I cannot see any Secretary of State trying to do that. It would be eminently challengeable. To colleagues who fear that scenario in the future, I suggest that it is not likely to happen. We have in my noble friend’s amendments a process—which I think the Government will be able to accept—to bring about parliamentary scrutiny if the powers in new subsection (3)(c) were used. That is the right level of parliamentary scrutiny required.