Joint Committee on The Draft Children (Contact) and Adoption Bill Written Evidence


Memorandum by Leonid Yanovich

1.  WHETHER THE PROPOSED CONTACT PROVISIONS, INCLUDING ENFORCEMENT, ARE APPROPRIATE AND PROPORTIONATE

  (a)  Part 1 section 4(7) "In determining the amount of compensation payable by the person in breach, the court must take into account the person's financial circumstances."

  This paragraph discriminates offenders based on their income. This is a clear license to offend with impunity for those living on benefits. Accountability for actions must be equal for all, save the mentally ill people. Therefore, this paragraph must be removed.

  (b)  Schedules Part 2 section 6(3) "The court may extend the period of its own motion or on an application by the person in breach."

  I believe that it should read ". . . or on an application by the applicant". I can't see that the person in breach would apply for an extension of enforcement.

2.  WHETHER THE PROPOSED CONTACT PROVISIONS, INCLUDING ENFORCEMENT, ARE WORKABLE

  (a)  It is not clear what the legislators can achieve by imposing a curfew.

  (b)  Part 1 section 3(9) "In making an enforcement order, a court must take into account the welfare of the child concerned."

  and Part 1 section 4(9) "In exercising its powers under this section, a court is to take into account the welfare of the child concerned."

  There are loopholes here, as any enforcement can be argued to affect the child's welfare and hence in practice undermine the proposed Bill. It should be rephrased so that the child's welfare should be taken into account (perhaps with an involvement of another parent) while enforcement is taking place.

3.  JOINT COMMITTEE MEMBERS' INTERESTS

  Some of the Joint Committee members may have a conflict of interests or a potential prejudice based on their previous work. From the Members' Registered Interests I can see the following:

    (a)  Vera Baird MP: involvement with Women's Aid work in Redcar.

    (b)  Ann Coffey MP: social worker before entering Parliament.

    (c)  Jonathan Shaw MP: social worker before entering Parliament.

    (d)  Howarth of Breckland, Baroness: Regular remunerated employment—Board Member (deputy chair) of CAFCASS.

    (e)  Gould of Potternewton, Baroness: Office-holder in voluntary organisations—Chair, East Sussex Women's Refuge Project—fund raising committee Chair/Trustee; Voluntary organisations—Patron, Forward Patron, Brighton Women's Centre.

24 February 2005


 
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