TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 106

CCPR/C/58/Add.6 page 74

341. The Children Bill mentioned above is drafted throughout with the intention of promoting the involvement of parents in decision-making processes. In particular, the position in relation to involvement of parents with all children looked after by a local authority is dealt with in clause 19, which defines the local authorities' general duty. In addition, the bill requires local authorities to provide a procedure to resolve disputes and complaints.

342. There is another separate issue which arose before the European Commission of Human Rights in a case against the United Kingdom Government. It concerns a putative father's status in relation to child care law and access provisions. The implementation on 1 April 1989 of section 2 of the Family Law Reform Act 1987 provided the opportunity for a putative father to apply for access under section 12B of part 1A of the Child Care Act 1980. This would allow the paternity issue to be decided in respect of access to a child in local authority care in the course of access proceedings. The Children Bill contains an amendment to the definition of "parent" in the Child Care Act 1980, as amended by the Family Law Reform Act 1987, to put this question beyond doubt.

343. The Children Bill also covers all these matters in clause 31, making it clear that the parents (including unmarried fathers), guardians or anyone with leave of the court may apply for a contact order even if contact has not been withheld or terminated. When the Children Bill is enacted, the law of the United Kingdom will be fully consistent with the decision of the European Court, and with the principles of articles 14 and 24 of the International Covenant on Civil and Political Rights as they affect the protection of children.

344. A child who is a British citizen cannot be deported or removed from the United Kingdom. It is a matter for the parents to decide whether the child should accompany them if they are deported or whether they wish to make arrangements for the child's care in the United Kingdom after they have left. The presence of a child who is a British citizen gives the parents no claim to remain in the United Kingdom, but it will be a compassionate factor which will be taken into account before any decision to deport the parents is taken.

Child prostitution

345. The Government is satisfied that the criminal law offers adequate protection to children who are at risk of being drawn into prostitution. There is no evidence of any grave problems of child prostitution in the United Kingdom, but the Home Office is now represented on the Select Committee of Experts on Sexual Exploitation, Pornography and Prostitution of and Trafficking in Children and Young Women of the Council of Europe.

Article 25

Civil Service

346. United Kingdom civil servants are required to discharge loyally the duties assigned to them by the government of the day, of whatever political persuasion. Accordingly, there are rules governing political activities by civil servants, the purpose of which is to allow them the greatest possible