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Proceeding contribution from Lord Elystan-Morgan (Crossbench) in the House of Lords on Monday, 18 February 2008. It occurred during Debate on bill and Committee of the Whole House (HL) on Children and Young Persons Bill [HL].


Children and Young Persons Bill [HL]

I, too, welcome the new clause. It is, indeed, a sea change. It may not bring about something rich and strange, as the immortal Bard puts it, but it is nevertheless a tribute to the sensitivity, patience and understanding of the Minister, which he has shown at every stage of this legislation. The term ““well-being”” is well chosen. I do not know whether there is any statutory definition in any other legislation but I would have thought that it cannot be a thousand miles away from the reference to the welfare of a child that occurs dominantly in Section 1 of the Children Act 1989. Another matter that may well arise in relation to many of these amendments is that it is made perfectly clear that the general duty on the Secretary of State is limited to children in England. I would be grateful if the Minister could kindly let me know whether there is currently any intention for the Welsh Assembly to create a parallel in Wales. I suppose that that very probably is the case. I make a point en passant that reflects on all the matters that have been devolved by this House in favour of the Cardiff Assembly. Nothing constitutionally prevents this House, as the mother Parliament, from passing legislation that may be utterly contrary to what might have been done in Wales, although I do not think for a moment that we would intend to do so. On Scotland, a formal undertaking was given—I think that it is called the Sewel undertaking—that, having devolved a certain area of jurisdiction, the House would not seek to interfere in that area any longer. During the passage of the Government of Wales Bill through this House in 2006, I was given an undertaking by the relevant Minister that a parallel undertaking would be given concerning Wales. I have not heard anything formally in that regard, but I would not suggest for a moment that the Government were acting other than in perfect good faith on this matter. Unless I hear anything to the contrary, I assume that such an undertaking is now current and will be observed.


Secondary information

Type
Proceeding contribution
Reference
699 c21 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Education Children Child tax credit Child benefit Children in care Carers Families Drugs Protection Misuse Regulation Social services Training Young people Social work Social workers Care leavers Kinship care
Legislation
Children and Young Persons Bill (HL) 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk