---

Children and Young Persons Bill [HL]

I have not the slightest doubt that the noble Lord, Lord Northbourne, does the interests of children and young persons a great service with the amendment. I appreciate that there may well be arguments over the proposed subsection (2), because it is difficult to define all the elements concerned, even the quantifiable ones. Elements like love, affection and loyalty are unquantifiable and can therefore never be the subject of definition in law. I accept that the content of the proposed subsection (2) appears most sensible and comprehensive. However, since it cannot be totally comprehensive, I suggest that if these words were amended—I appreciate that they were taken from Scottish statute—they should say ““shall include”” instead of, "““means, in so far as is practicable””;" in other words, be descriptive and inclusive rather than exclusive. In the circumstances, therefore, if the 1989 Act were to be amended in this way, it would, in the words of Dr Johnson, concentrate the mind wonderfully. Whether Dr Johnson would approve of anything coming from north of the Tweed is another matter.