House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12 May 2011
279

Protection of Freedoms Bill, continued

(b)
A is being considered for inclusion in the register.

(5E)
The duties in paragraphs (2), (4) and (5B) do not apply if ISA or (as

the case may be) the Secretary of State is satisfied that the keeper of

the register already has the information concerned.

(5F)
The Secretary of State may determine the form, manner and contents

of an application for the purposes of this Article.

(5G)
In this Article relevant information is information—

(a)
which—

(i)
relates to the protection of children or vulnerable

adults in general, or of any child or vulnerable adult

in particular, and

(ii)
is relevant to the exercise of any function of the

keeper of the register, but

(b)
which is not—

(i)
information that the circumstances are as mentioned

in paragraph (1)(b)(i) or (ii) in relation to a person,

(ii)
any information provided under paragraph (2)(b), or

(iii)
information falling within paragraph 19(5) of

Schedule 1.

(5H)
The Secretary of State may by order amend paragraph (5G).”

      (3)
In the heading of Article 45 of that Order for “notice of barring and cessation

of monitoring” substitute “provision of barring information to keepers of

registers”.

      (4)
Omit Article 46 of that Order (registers: power to apply for vetting

information).

Supervisory authorities

13  (1)
In Article 47 of the Safeguarding Vulnerable Groups (Northern Ireland) Order

2007 (duty of supervisory authorities to refer)—

(a)
in paragraph (1)—

(i)
for “must” substitute “may”, and

(ii)
omit “prescribed”,

(b)
in paragraph (4)—

(i)
in sub-paragraph (a), for “engaged or may engage” substitute

“or has been, or might in future be, engaged”,

(ii)
also in sub-paragraph (a), omit “or controlled activity”, and

(iii)
in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

(c)
in paragraph (5) omit “prescribed”,

(d)
omit paragraph (6), and

(e)
in the heading for “duty” substitute “power”.

      (2)
In Article 49 of that Order (supervisory authorities: power to apply for vetting

information)—

(a)
in the heading for “vetting” substitute “certain barring”,

(b)
in paragraph (1) for “the Secretary of State”, in both places where it

occurs, substitute “ISA”,

(c)
in paragraph (2) omit sub-paragraphs (b) to (e),

(d)
in paragraph (3) omit sub-paragraphs (b) to (e),

(e)
omit paragraph (5), and

Public Bill Committee: 12 May 2011
280

Protection of Freedoms Bill, continued

(f)
in paragraph (7) for “prescribe” substitute “determine”.

      (3)
In Article 50 of that Order (supervisory authorities: notification of barring etc.

in respect of children)—

(a)
in paragraph (1)—

(i)
for “This Article” substitute “Paragraph (2)”,

(ii)
in sub-paragraph (a) omit “newly”,

(iii)
at the end of sub-paragraph (a) insert “or”,

(iv)
in sub-paragraph (b) for “becomes” substitute “is”, and

(v)
omit sub-paragraph (c) and the word “or” before it,

(b)
in paragraph (2) for “, (b) or (c)” substitute “or (b)”,

(c)
after paragraph (2) insert—

“(2A)
The duty in paragraph (2) does not apply in relation to an

interested supervisory authority if the Secretary of State is

satisfied that the authority already has the information

concerned.”,

(d)
in paragraph (3)(a) for the words from “if” to “occurs” substitute “of

any circumstance mentioned in paragraph (1)”,

(e)
in paragraph (5)—

(i)
after “withdrawn if” insert “—

(a)
”, and

(ii)
for the words from “if”, where it appears for the second time,

to “occurs” substitute “of any circumstance mentioned in

paragraph (1)”,

(f)
also in paragraph (5), at the end, insert “, or

“(b)
the Secretary of State cancels the application on

either of the following grounds—

(i)
that the supervisory authority has not

answered, within such reasonable period

as was required by the Secretary of State,

a request from the Secretary of State as to

whether the supervisory authority still

wishes to be notified of any circumstance

mentioned in paragraph (1) in relation to

the person, or

(ii)
that the notification is not required in

connection with the exercise of a function

of the supervisory authority mentioned in

Article 47(7).”, and

(g)
in paragraph (8) for “prescribe” substitute “determine”.

      (4)
In Article 51 of that Order (supervisory authorities: notification of barring etc.

in respect of vulnerable adults)—

(a)
in paragraph (1)—

(i)
for “This Article” substitute “Paragraph (2)”,

(ii)
in sub-paragraph (a) omit “newly”,

(iii)
at the end of sub-paragraph (a) insert “or”,

(iv)
in sub-paragraph (b) for “becomes” substitute “is”, and

(v)
omit sub-paragraph (c) and the word “or” before it,

(b)
in paragraph (2) for “, (b) or (c)” substitute “or (b)”,

(c)
after paragraph (2) insert—

Public Bill Committee: 12 May 2011
281

Protection of Freedoms Bill, continued

“(2A)
The duty in paragraph (2) does not apply in relation to an

interested supervisory authority if the Secretary of State is

satisfied that the authority already has the information

concerned.”,

(d)
in paragraph (3)(a) for the words from “if” to “occurs” substitute “of

any circumstance mentioned in paragraph (1)”,

(e)
in paragraph (5)—

(i)
after “withdrawn if” insert “—

(a)
”, and

(ii)
for the words from “if”, where it appears for the second time,

to “occurs” substitute “of any circumstance mentioned in

paragraph (1)”,

(f)
also in paragraph (5), at the end, insert “, or

“(b)
the Secretary of State cancels the application on

either of the following grounds—

(i)
that the supervisory authority has not

answered, within such reasonable period

as was required by the Secretary of State,

a request from the Secretary of State as to

whether the supervisory authority still

wishes to be notified of any circumstance

mentioned in paragraph (1) in relation to

the person, or

(ii)
that the notification is not required in

connection with the exercise of a function

of the supervisory authority mentioned in

Article 47(7).”, and

(g)
in paragraph (8) for “prescribe” substitute “determine”.

      (5)
In Article 52 of that Order (provision of information to supervisory

authorities)—

(a)
in paragraph (2) for “must” substitute “may (whether on an application

by the authority or otherwise)”,

(b)
in paragraph (3)—

(i)
in sub-paragraph (b), after “the authority” insert “which is

mentioned in Article 47(7)”, and

(ii)
for the words from “or information” to “occurred” substitute

“or of any circumstance mentioned in Article 50(1) or 51(1)”,

and

(c)
after paragraph (3) insert—

“(4)
A supervisory authority may apply to ISA under this Article

only if the information is required in connection with the

exercise of a function of the supervisory authority which is

mentioned in Article 47(7).

(5)
The Secretary of State may determine the form, manner and

contents of an application for the purposes of this Article.”

Minor amendments

14  (1)
Omit section 90(2) of the Policing and Crime Act 2009 (which, if commenced,

would insert Articles 36A to 36C into the Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007 in connection with the notification of proposals

to include persons in barred lists).

Public Bill Committee: 12 May 2011
282

Protection of Freedoms Bill, continued

      (2)
After Article 10(8) of the Safeguarding Vulnerable Groups (Northern Ireland)

Order 2007 (regulated activity providers) insert—

“(8A)
An authority that is an authority for the purposes of section 8 of the

Carers and Direct Payments Act (Northern Ireland) 2002 (c.6) or

Article 18C of the Children Order (direct payments) does not make

arrangements for another to engage in a regulated activity by virtue of

anything the authority does under that section or Article.”

      (3)
In Article 41 of the Order of 2007 (education and library boards and HSC

bodies: duty to refer)—

(a)
in paragraph (1)—

(i)
for “must” substitute “may”, and

(ii)
omit “prescribed”,

(b)
in paragraph (4)—

(i)
in sub-paragraph (a), for “engaged or may engage” substitute

“or has been, or might in future be, engaged”,

(ii)
also in sub-paragraph (a), omit “or controlled activity”, and

(iii)
in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

(c)
in paragraph (5) omit “prescribed”, and

(d)
in the heading for “duty” substitute “power”.

      (4)
In Article 52A(1) of that Order (power for ISA to provide information to the

police for use for certain purposes)—

(a)
for the words “or the chief constable of a police force in England,

Wales or Scotland” substitute “, a chief officer of police or the chief

constable of a police force in Scotland”, and

(b)
after sub-paragraph (b), insert—

“(c)
the appointment of persons who are under the

direction and control of the chief constable or (as the

case may be) chief officer;

(d)
any prescribed purpose”.

      (5)
After Article 52A(1) of that Order insert—

“(1A)
ISA must, for use for any of the purposes mentioned in paragraph (1),

provide to any chief constable or chief officer mentioned in that

paragraph who has requested it information as to whether a person is

barred.

(1B)
ISA may, for use for the purposes of the protection of children or

vulnerable adults, provide to a relevant authority any information

which ISA reasonably believes to be relevant to that authority.

(1C)
ISA must, for use for the purposes of the protection of children or

vulnerable adults, provide to any relevant authority who has requested

it information as to whether a person is barred.

(1D)
In this Article “relevant authority” means—

(a)
the Department of Justice, exercising functions in relation to

prisons and youth justice,

(b)
the Probation Board for Northern Ireland, or

(c)
an HSC body.”’.

Public Bill Committee: 12 May 2011
283

Protection of Freedoms Bill, continued

Lynne Featherstone

Ns2

To move the following Schedule:—

SCHEDULE

Disclosure and Barring Service

Membership

1    (1)
DBS is to consist of—

(a)
a person who has the function of chairing DBS, and

(b)
such number of other members as the Secretary of State decides.

      (2)
A person falling within sub-paragraph (1)(a) or (b) (in this Schedule “an

appointed member”) is be appointed by the Secretary of State.

      (3)
In appointing any such person, the Secretary of State must have regard to the

desirability of ensuring that at least some of the appointed members of DBS

are persons who appear to the Secretary of State to have knowledge or

experience of an aspect of child protection or the protection of vulnerable

adults.

      (4)
The Secretary of State must consult the Welsh Ministers and a Northern

Ireland Minister before making any appointment under this paragraph.

      (5)
In sub-paragraph (4) “Northern Ireland Minister” includes the First Minister

and deputy First Minister in Northern Ireland.

Terms of appointment of members

2    (1)
Subject as follows, an appointed member holds and vacates office in

accordance with the terms of appointment.

      (2)
A period of appointment may not exceed 5 years.

      (3)
An appointed member may resign by giving notice in writing to the Secretary

of State.

      (4)
The Secretary of State may by notice in writing remove an appointed member

who—

(a)
has, without reasonable excuse, failed, for a continuous period of three

months, to carry out the person’s functions,

(b)
has been convicted (whether before or after the person’s appointment)

of a criminal offence,

(c)
is an undischarged bankrupt, or whose estate has been sequestrated

and the person has not been discharged,

(d)
is the subject of a bankruptcy restrictions order or an interim order

under Schedule 4A to the Insolvency Act 1986 or an order to similar

effect made under any corresponding enactment in force in Scotland

or Northern Ireland,

(e)
has made a composition or arrangement with, or granted a trust deed

for, the person’s creditors,

(f)
has failed to comply with the terms of the person’s appointment, or

(g)
is otherwise unable or unfit to carry out the person’s functions.

      (5)
A person who ceases to be an appointed member is eligible for re-appointment

unless the cessation is by virtue of sub-paragraph (4).

Public Bill Committee: 12 May 2011
284

Protection of Freedoms Bill, continued

Remuneration etc: members

3    (1)
DBS may pay to the person who has the function of chairing it and each of the

other appointed members such remuneration and such allowances as the

Secretary of State may decide.

      (2)
Sub-paragraph (3) applies if—

(a)
a person ceases to be an appointed member of DBS, and

(b)
the Secretary of State considers that there are special circumstances

which make it right for the person to receive compensation.

      (3)
The Secretary of State may require DBS to pay the person such amount as the

Secretary of State may decide.

Staff

4    (1)
DBS must appoint a person to be chief executive.

      (2)
The period of appointment must not exceed 5 years (but a person may be re-

appointed).

      (3)
DBS must consult the Secretary of State before appointing a chief executive.

      (4)
The person who has the function of chairing DBS may, with the approval of

the Secretary of State, be appointed as chief executive.

      (5)
The chief executive is an employee of DBS.

      (6)
DBS may appoint such number of other staff as it considers appropriate.

      (7)
DBS may make arrangements for persons to be seconded to DBS to serve as

members of its staff.

      (8)
A member of a police force on temporary service with DBS is to be under the

direction and control of DBS.

Remuneration, pensions etc of staff

5    (1)
DBS may pay to its staff such remuneration and such allowances as it may,

with the approval of the Secretary of State, decide.

      (2)
DBS may—

(a)
pay such pensions, allowances or gratuities to or in respect of any

member of staff or former member of staff, or

(b)
pay such sums towards the provision for the payment of pensions,

allowances or gratuities to or in respect of any member of staff or

former member of staff,


as it may, with the approval of the Secretary of State, decide.

      (3)
Employment with DBS is included among the kinds of employment to which

a scheme under section 1 of the Superannuation Act 1972 can apply, and

accordingly in Schedule 1 to that Act (in which those kinds of employment are

listed) insert at the appropriate place—


“Employment by the Disclosure and Barring Service.”

      (4)
DBS must pay to the Minister for the Civil Service, at such times as the

Minister may direct in writing, such sums as the Minister may decide in respect

of any increase attributable to this paragraph in the sums payable out of money

provided by Parliament under the Act of 1972.

Delegation of functions

6
DBS may, to such extent as it may decide, delegate any of its functions to—

(a)
any of its appointed members,

(b)
a member of its staff,

Public Bill Committee: 12 May 2011
285

Protection of Freedoms Bill, continued

(c)
a committee consisting of any of its appointed members, members of

its staff or both appointed members and members of staff.

7
DBS may, to such extent as it may decide, delegate any of its functions, other

than a core function, to—

(a)
a person who is neither an appointed member nor a member of staff,

(b)
a committee (including a committee which comprises or includes

persons who are neither appointed members nor members of staff).

8    (1)
In this Schedule a core function is—

(a)
deciding whether it is appropriate for a person to be included in a

barred list under the Safeguarding Vulnerable Groups Act 2006 or the

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.

2007/1351 (N.I.11)),

(b)
deciding whether to remove a person from such a list,

(c)
considering representations made for the purposes of Schedule 3 to

that Act or (as the case may be) Schedule 1 to that Order, or

(d)
any function under, or in connection with, Part 5 of the Police Act

1997 which is specified for this purpose in an order made by the

Secretary of State.

      (2)
An order under sub-paragraph (1)(d) is to be made by statutory instrument

which is to be subject to annulment in pursuance of a resolution of either House

of Parliament.

Business plans

9    (1)
As soon as possible after the beginning of each financial year, DBS must issue

a business plan in relation to the proposed exercise of its functions during that

year.

      (2)
DBS must consult the Secretary of State before issuing the plan.

      (3)
DBS must arrange for the plan to be published in such manner as it considers

appropriate.

      (4)
In this Schedule “financial year” is—

(a)
the period—

(i)
starting with the day on which DBS is established, and

(ii)
ending with the next 31st March or, if the period ending with

that date is 3 months or less, ending with the next 31st March

after that date, and

(b)
each succeeding period of 12 months.

Reports

10  (1)
As soon as possible after the end of each financial year, DBS must issue a

report on the exercise of its functions during that year.

      (2)
DBS must arrange for the report to be published in such manner as it considers

appropriate.

Funding

11
The Secretary of State may make payments to DBS of such amounts, at such

times and on such conditions (if any), as the Secretary of State considers

appropriate.

Accounts

12  (1)
DBS must keep its accounts in such form as the Secretary of State decides.



© Parliamentary copyright	Revised 12 May 2011