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Children, Schools and Families Bill

My Lords, I declare an interest as a former president of the Family Division, so I have some experience of dealing with the press from time to time. I am not in favour of secret courts. Throughout my time as president, I pushed for court judgments to be provided to the public and the press. However, I share the views of the noble Baroness, Lady Walmsley, and the noble Earl, Lord Listowel, and express my own concerns about Part 2 of this legislation being presented to this Committee when it has not been debated in either of the two Houses of Parliament. We are dealing with information concerning children, as the noble Baroness, Lady Walmsley, said. In my view, the whole of Part 2 should be excluded but there are two things about which I am concerned. One is the identification of witnesses—particularly medical and other expert witnesses. It is very difficult to get medical and health professionals to give evidence, but if they are to be identified in the courts they will continue to keep their heads below the parapet and will not give evidence. There are others in this Chamber who know exactly what I am talking about. This is a very serious matter. When I was president, I had real concerns about getting sufficient doctors to come forward. I discussed this with the medical colleges and the BMA in an attempt to get doctors to give evidence in child abuse cases. At least they knew that their names would not be made known but under this proposed legislation it is almost certain that their names will be given. It will be very difficult for judges to stop that happening. The other and even more worrying aspect relates to the groups of cases that are included. Clause 33 includes adoption proceedings. If ever there is a group of cases where no information of any sort should be given to the press or the public, it is that. I appreciate how late it is but it will take me one minute to tell the Committee of a case that I tried where, unfortunately, after the adopters received the child, the natural parents somehow found out and pursued them for more than a year. The adopters had to move five times to get away, and the child’s opportunity to settle with them was ruined by the unfortunate disclosure of the evidence indicating who they were. Perhaps judges will not ever give that information in adoption cases, but the possibility of them doing so should not even be in legislation. No part of family proceedings is more important to protect than the law in relation to adoption. I am shocked that this should come before us in the wash-up without any debate or any scrutiny in either of the two Houses of Parliament. I beg noble Lords to oppose Part 2.