Education and Culture Committee

Meeting date: Tuesday, April 16, 2013

Official Report 601KB pdf

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Children and Families Bill

Agenda item 4 is consideration of a legislative consent memorandum on the United Kingdom Children and Families Bill. The committee is required to report on the LCM and, in doing so, it should consider first whether the general merits of the relevant provisions in the bill are identified in the LCM and the devolved impact is clear, and secondly whether there is justification provided for the use of a legislative consent procedure in respect of the provisions.

The committee is not obliged to recommend to Parliament whether to agree to the draft motion, including the LCM, but I think that that would be what usually happens. Do members have any comments about the LCM?

As I read through the LCM, I was slightly intrigued by a couple of references in paragraphs 5 and 10 to the UK Government’s legislation carving out Scotland. It then goes on in paragraph 11 to suggest that it was thought to be entirely necessary and desirable that Scotland should—given its different adoption policy, process and procedures—go its own way. I have no difficulty with the substance of the LCM, but am a little intrigued that we are using terms such as “carve ... out”.

Where is that phrase? I am struggling to see it.

The phrase is on page 4 in paragraph 5 and then at the end of paragraph 10. It seems to be a slightly jaundiced expression, when in paragraph 11 there seems to be a recognition by the Administrations north and south of the border that, given the differences, this is an entirely desirable route to take.

Following on from that, in relation to the substance of the policy, it would be interesting to know what the implications would be for adoptions that may need to take place cross-border—more particularly, I suspect, in relation to what is referred to as specialist matching, where as wide an opportunity as possible to look at the options is almost certainly necessary.

That is a fair point.

I am informed that we have time to deal with the LCM next week, if members would prefer to do that. The question of cross-border adoptions is a relevant one that we should clarify. The language is perhaps just the language, but I think that the more substantive point that Liam McArthur made is reasonable. Are members content for me to write to the Government on that point and for us to reconsider the LCM next week?

Members indicated agreement.