Does the Department have any plans to introduce the systematic collection of child contact statistics currently only estimated from samples, such as the proportion of cases receiving legal aid funding? If so, when will these be in place?

  On what basis does paragraph 25 of the RIA make the assumption that the draft Bill measures will reduce enforcement applications by up to 80 per cent?

  The Bill provides for special restrictions to apply to bringing children into the UK in the circumstances set out in clause 6(2). Where special restrictions apply, the regulations made under clause 7 will require the Secretary of State not to take any step she may otherwise have taken in relation to the bringing of a child into the UK.

  However, if the Secretary of State is satisfied that the circumstances of an individual case are exceptional and that the case should be allowed to proceed. Clause 7(3) sets out that the regulations must also make provision for allowing such cases to proceed. We envisage that exceptional cases will be those where the concerns that lead to the imposition of special restrictions either do not apply or are overridden by the best interests of a child. This could include (but is not limited to):

—  a person seeking to adopt a relative from the restricted country;

—  a person seeking to adopt a child whose circumstances mean it is unlikely the child will have become available for adoption through practices contrary to public policy; or

—  a person seeking to adopt a sibling of a child that has already been adopted by the prospective adopter in question.

  Consideration will of course be given to what is in the best interests of the child and all the facts of the particular case. The regulations will make detailed provision for how such cases are to be considered.

March 2005