Adoption and Children (Scotland) Act 2007 (Amendment of the Children (Scotland) Act 1995) Order 2016 [Draft]
Agenda item 3 is an evidence-taking session on a piece of subordinate legislation. I welcome back Angela Constance, the Cabinet Secretary for Education and Lifelong Learning, and her supporting officials. After our evidence taking, we will debate under agenda item 4 the motion in the name of the cabinet secretary. I point out that officials are not permitted to contribute to that formal debate.
I invite the cabinet secretary to make some opening remarks.
Thank you, convener.
I ask the committee to recommend to Parliament that this order be approved, as it is necessary to clarify the Scottish Government’s position that people who have had their parental responsibilities and rights removed other than by way of adoption or human fertilisation legislation are nevertheless still permitted to apply to the court for a contact order that would allow them to maintain personal relations and contact with a child with whom they are not living.
The Children (Scotland) Act 1995 outlines the requirements necessary to apply for orders that relate to parental responsibilities or rights. When it was enacted, the act did not permit people whose parental responsibilities or rights had been removed by virtue of an adoption order or through human fertilisation legislation to apply for parental responsibilities or rights. Other people who had lost parental responsibilities or rights were entitled to apply for an order in relation to those responsibilities or rights, including a contact order.
However, the Adoption and Children (Scotland) Act 2007 amended the Children (Scotland) Act 1995 to allow persons who had lost parental responsibilities or rights under an adoption order to apply for a contact order with the court’s permission. Unfortunately, the wording of the amendment might have inadvertently affected the existing right of people who had their parental responsibilities and rights removed by some other means—for example, by the court—to apply for a contact order. That was not the policy intention of section 107 of the 2007 act.
The order before the committee amends section 11(3)(ab) of the 1995 act by repealing the words
“(other than a contact order)”
to make it clear that people without parental responsibilities or rights who could apply for a contact order prior to the 2007 act can still do so. It means that any person who has lost their parental responsibilities or rights in relation to a child can apply for a contact order, unless they have lost those rights under human fertilisation legislation.
Again, I ask the committee to recommend to Parliament that the order be approved.
If members have no questions for the cabinet secretary, I move to agenda item 4, which is the formal debate on the order.
I invite the cabinet secretary to move motion S4M-14949.
Motion moved,
That the Education and Culture Committee recommends that the Adoption and Children (Scotland) Act 2007 (Amendment of the Children (Scotland) Act 1995) Order 2016 [draft] be approved.—[Angela Constance.]
Motion agreed to.
As the committee has previously agreed to take the next two items in private, I close the meeting to the public.
10:42 Meeting continued in private until 13:05.Previous
Education (Scotland) Bill: Stage 2