Part of Adoption and Children Bill – in a Public Bill Committee am 10:45 am ar 11 Rhagfyr 2001.
Robert Walter
Ceidwadwyr, North Dorset
10:45,
11 Rhagfyr 2001
I beg to move, Amendment No. 162, in page 44, line 38, leave out subsection 1(a).
Having spent last week at the Parliamentary Assembly of the Western European Union, I have drawn the short straw this morning in terms of moving amendments. I am perturbed by the provision that the amendment would delete—a restriction on taking children out. Clause 82(1) refers to:
''A child who—
(a) is a Commonwealth citizen, or
(b) is habitually resident in the United Kingdom,''.
My concern focuses on (a). I thought that in making the new law, particularly in the clauses on intercountry adoption, we were making law for the United Kingdom, not for passing foreigners. To include children who are Commonwealth citizens and who by definition are not habitually resident in the United Kingdom, we are making law for passing foreigners. Why specify a Commonwealth citizen? Why not say a citizen of the European Union or some other definition of passing foreigner?
I looked at the Hague convention and found nothing to say that the provision was one that we should be making. In fact, the provision seems to be contrary to article 14 of the convention, headed ''Procedural requirements in intercountry adoption'', which states:
''Persons habitually resident in a Contracting State, who wish to adopt a child habitually resident in another Contracting State, shall apply to the Central Authority in the State of their habitual residence.''
I thought that meant that the United Kingdom could not authorise the adoption of a child who was a citizen of another Commonwealth country or who was habitually resident in another Commonwealth country, unless by acting in contravention of the Hague convention. I do not imagine that it was the intention of the Minister or of those who drafted the Bill that we should contravene that convention.
The Bill contains a dog's breakfast of geographical restrictions; this is reflected in some of the Opposition amendments. It refers sometimes to ''the British Islands'', sometimes to England and Wales, sometimes to the United Kingdom—and sometimes I am confused about exactly what it means.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
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