Session 2010 - 12
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Other Bills before Parliament


 
 

Public Bill Committee: 17 May 2011                     

305

 

Protection of Freedoms Bill, continued

 
 

Extension of the definition of an educational establishment

 

Diana Johnson

 

NC17

 

To move the following Clause:—

 

‘(1)    

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

 

(2)    

In Schedule 4, paragraph 3, subsection (1)(a) after “exclusively or mainly for the

 

provision of full-time education to children;”, insert “including further education

 

colleges as defined under the Further and Higher Education Act 1992.”.’.

 


 

New Schedules

 

Lynne Featherstone

 

NS1

 

To move the following Schedule:—

 

SCHEDULE

 

Safeguarding of vulnerable groups: Northern Ireland

 

Restriction of scope of regulated activities: children

 

1    (1)  

Parts 1 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern

 

Ireland) Order 2007 (S.I. 2007/1351 (N.I.11)) (regulated activity relating to

 

children and the period condition) are amended as follows.

 

      (2)  

In paragraph 1(1)(b) (frequency and period condition for regulated activity), at

 

the beginning, insert “except in the case of activities falling within sub-

 

paragraph (1A),”.

 

      (3)  

After paragraph 1(1) insert—

 

“(1A)  

The following activities fall within this sub-paragraph—

 

(a)    

relevant personal care, and

 

(b)    

health care provided by, or under the direction or

 

supervision of, a health care professional.

 

    (1B)  

In this Part of this Schedule “relevant personal care” means—

 

(a)    

physical assistance which is given to a child who is in need

 

of it by reason of illness or disability and is given in

 

connection with eating or drinking (including the

 

administration of parenteral nutrition),

 

(b)    

physical assistance which is given to a child who is in need

 

of it by reason of age, illness or disability and is given in

 

connection with—

 

(i)    

toileting (including in relation to the process of

 

menstruation),

 

(ii)    

washing or bathing, or

 

(iii)    

dressing,

 

(c)    

the prompting, together with supervision, of a child, who is

 

in need of it by reason of illness or disability, in relation to


 
 

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Protection of Freedoms Bill, continued

 
 

the performance of the activity of eating or drinking where

 

the child is unable to make a decision in relation to

 

performing such an activity without such prompting and

 

supervision,

 

(d)    

the prompting, together with supervision, of a child, who is

 

in need of it by reason of age, illness or disability, in

 

relation to the performance of any of the activities listed in

 

paragraph (b)(i) to (iii) where the child is unable to make a

 

decision in relation to performing such an activity without

 

such prompting and supervision,

 

(e)    

any form of training, instruction, advice or guidance

 

which—

 

(i)    

relates to the performance of the activity of eating

 

or drinking,

 

(ii)    

is given to a child who is in need of it by reason of

 

illness or disability, and

 

(iii)    

does not fall within paragraph (c), or

 

(f)    

any form of training, instruction, advice or guidance

 

which—

 

(i)    

relates to the performance of any of the activities

 

listed in paragraph (b)(i) to (iii),

 

(ii)    

is given to a child who is in need of it by reason of

 

age, illness or disability, and

 

(iii)    

does not fall within paragraph (d).

 

    (1C)  

In this Part of this Schedule —

 

“health care” includes all forms of health care provided for children,

 

whether relating to physical or mental health and also includes

 

palliative care for children and procedures that are similar to forms

 

of medical or surgical care but are not provided for children in

 

connection with a medical condition,

 

“health care professional” means a person who is a member of a

 

profession regulated by a body mentioned in section 25(3) of the

 

National Health Service Reform and Health Care Professions Act

 

2002.

 

    (1D)  

Any reference in this Part of this Schedule to health care provided

 

by, or under the direction or supervision of, a health care

 

professional includes a reference to first aid provided to a child by

 

any person acting on behalf of an organisation established for the

 

purpose of providing first aid.”

 

      (4)  

In paragraph 1(2)(c) (work activities at certain establishments to be regulated

 

activity) for “any form of work (whether or not for gain)” substitute “any work

 

falling within sub-paragraph (2A) or (2B)”.

 

      (5)  

After paragraph 1(2) insert—

 

“(2A)  

Work falls within this sub-paragraph if it is any form of work for

 

gain, other than any such work which—

 

(a)    

is undertaken in pursuance of a contract for the provision of

 

occasional or temporary services, and

 

(b)    

is not an activity mentioned in paragraph 2(1) (disregarding

 

paragraph 2(3A) and (3B)(b)).

 

    (2B)  

Work falls within this sub-paragraph if it is any form of work which

 

is not for gain, other than—


 
 

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Protection of Freedoms Bill, continued

 
 

(a)    

any such work which—

 

(i)    

is carried out on a temporary or occasional basis,

 

and

 

(ii)    

is not an activity mentioned in paragraph 2(1)

 

(disregarding paragraph 2(3A) and (3B)(b)), or

 

(b)    

any such work which is, on a regular basis, subject to the

 

day to day supervision of another person who is engaging

 

in regulated activity relating to children”.

 

      (6)  

Also in paragraph 1—

 

(a)    

after sub-paragraph (6) insert—

 

“(6A)  

The exercise of a function of a controller appointed in

 

respect of a child under Article 101 of the Mental Health

 

(Northern Ireland) Order 1986 (NI 4) is a regulated activity

 

relating to children.”,

 

(b)    

omit sub-paragraph (7) (exercise of functions of persons mentioned in

 

paragraph 4(1) to be regulated activity), and

 

(c)    

after sub-paragraph (12) insert—

 

“(13)  

Any activity which consists in or involves on a regular

 

basis the day to day management or supervision of a person

 

who would be carrying out an activity mentioned in sub-

 

paragraph (1) or (2) but for the exclusion for supervised

 

activity in paragraph 2(3A) or (3B)(b) or sub-paragraph

 

(2B)(b) above is a regulated activity relating to children.”

 

      (7)  

In paragraph 2 (activities referred to in paragraph 1(1))—

 

(a)    

in sub-paragraph (1) omit paragraph (d) (treatment and therapy

 

provided for a child),

 

(b)    

in sub-paragraph (2)—

 

(i)    

for “, (c) and (d)” substitute “and (c)”, and

 

(ii)    

omit paragraph (d), and

 

(c)    

after sub-paragraph (3) insert—

 

“(3A)  

Sub-paragraph (1)(a) does not include any form of

 

teaching, training or instruction of children which is, on a

 

regular basis, subject to the day to day supervision of

 

another person who is engaging in regulated activity

 

relating to children.

 

    (3B)  

Sub-paragraph (1)(b)—

 

(a)    

does not include any health care provided

 

otherwise than by (or under the direction or

 

supervision of) a health care professional, and

 

(b)    

does not, except in the case of relevant personal

 

care or of health care provided by (or under the

 

direction or supervision of) a health care

 

professional, include any form of care for or

 

supervision of children which is, on a regular basis,

 

subject to the day to day supervision of another

 

person who is engaging in regulated activity

 

relating to children.

 

    (3C)  

Sub-paragraph (1)(c) does not include any legal advice.”

 

      (8)  

Omit paragraph 4 (list of persons referred to in paragraph 1(7)).


 
 

Public Bill Committee: 17 May 2011                     

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Protection of Freedoms Bill, continued

 
 

      (9)  

In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “or (c)”.

 

Restriction of definition of vulnerable adults

 

2    (1)  

In Article 2 of the Safeguarding Vulnerable Groups (Northern Ireland) Order

 

2007 (interpretation of Order), in the first paragraph (2)—

 

(a)    

after the definition of “the 2003 Order” insert—

 

““adult” means a person who has attained the age of 18;”, and

 

(b)    

in the definition of “vulnerable adult”, for the words “must be

 

construed in accordance with Article 3” substitute “means any adult to

 

whom an activity which is a regulated activity relating to vulnerable

 

adults by virtue of any paragraph of paragraph 7(1) of Schedule 2 is

 

provided”.

 

      (2)  

Omit Article 3 of the Order of 2007 (definition of vulnerable adults).

 

Restriction of scope of regulated activities: vulnerable adults

 

3    (1)  

Parts 2 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern

 

Ireland) Order 2007 (regulated activity relating to vulnerable adults and the

 

period condition) are amended as follows.

 

      (2)  

For paragraph 7(1) to (3) (main activities which are regulated activity)

 

substitute—

 

  “(1)  

Each of the following is a regulated activity relating to vulnerable

 

adults—

 

(a)    

the provision to an adult of health care by, or under the

 

direction or supervision of, a health care professional,

 

(b)    

the provision to an adult of relevant personal care,

 

(c)    

the provision by a social care worker of relevant social

 

work to an adult who is a client or potential client,

 

(d)    

the provision of assistance in relation to general household

 

matters to an adult who is in need of it by reason of age,

 

illness or disability,

 

(e)    

any relevant assistance in the conduct of an adult’s own

 

affairs,

 

(f)    

the conveying by persons of a prescribed description in

 

such circumstances as may be prescribed of adults who

 

need to be conveyed by reason of age, illness or disability,

 

(g)    

such activities—

 

(i)    

involving, or connected with, the provision of

 

health care or relevant personal care to adults, and

 

(ii)    

not falling within any of the above paragraphs,

 

    

as are of a prescribed description.

 

      (2)  

Health care includes all forms of health care provided for

 

individuals, whether relating to physical or mental health and also

 

includes palliative care and procedures that are similar to forms of

 

medical or surgical care but are not provided in connection with a

 

medical condition.

 

      (3)  

A health care professional is a person who is a member of a

 

profession regulated by a body mentioned in section 25(3) of the

 

National Health Service Reform and Health Care Professions Act

 

2002.


 
 

Public Bill Committee: 17 May 2011                     

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    (3A)  

Any reference in this Part of this Schedule to health care provided

 

by, or under the direction or supervision of, a health care

 

professional includes a reference to first aid provided to an adult by

 

any person acting on behalf of an organisation established for the

 

purpose of providing first aid.

 

    (3B)  

Relevant personal care means—

 

(a)    

physical assistance, given to a person who is in need of it

 

by reason of age, illness or disability, in connection with—

 

(i)    

eating or drinking (including the administration of

 

parenteral nutrition),

 

(ii)    

toileting (including in relation to the process of

 

menstruation),

 

(iii)    

washing or bathing,

 

(iv)    

dressing,

 

(v)    

oral care, or

 

(vi)    

the care of skin, hair or nails (other than nail care

 

provided by a chiropodist or podiatrist),

 

(b)    

the prompting, together with supervision, of a person who

 

is in need of it by reason of age, illness or disability in

 

relation to the performance of any of the activities listed in

 

paragraph (a) where the person is unable to make a decision

 

in relation to performing such an activity without such

 

prompting and supervision, or

 

(c)    

any form of training, instruction, advice or guidance

 

which—

 

(i)    

relates to the performance of any of the activities

 

listed in paragraph (a),

 

(ii)    

is given to a person who is in need of it by reason

 

of age, illness or disability, and

 

(iii)    

does not fall within paragraph (b).

 

    (3C)  

Relevant social work has the meaning given by section 2(4) of the

 

Health and Personal Social Services Act (Northern Ireland) 2001

 

and social care worker means a person who is a social care worker

 

by virtue of section 2(2)(a) of that Act.

 

    (3D)  

Assistance in relation to general household matters is day to day

 

assistance in relation to the running of the household of the person

 

concerned where the assistance is the carrying out of one or more

 

of the following activities on behalf of that person—

 

(a)    

managing the person’s cash,

 

(b)    

paying the person’s bills,

 

(c)    

shopping.

 

    (3E)  

Relevant assistance in the conduct of a person’s own affairs is

 

anything done on behalf of the person by virtue of—

 

(a)    

an enduring power of attorney (within the meaning of the

 

Enduring Powers of Attorney (Northern Ireland) Order

 

1987 (NI 16)) in respect of the person which is—

 

(i)    

registered in accordance with that Order, or

 

(ii)    

the subject of an application to be so registered,


 
 

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(b)    

an order made under Article 99 or 101 of the Mental Health

 

(Northern Ireland) Order 1986 (NI 4) by the High Court in

 

relation to the person or the person’s property or affairs, or

 

(c)    

the appointment of a representative to receive payments on

 

behalf of the person in pursuance of regulations made

 

under the Social Security Administration (Northern

 

Ireland) Act 1992.”

 

      (3)  

Omit paragraph 7(4) (certain activities in residential care or nursing homes to

 

be regulated activity).

 

      (4)  

In paragraph 7(5) (day to day management or supervision of certain activities

 

to be regulated activity) omit “, (4)”.

 

      (5)  

Omit paragraph 7(9) (functions of certain persons to be regulated activity).

 

      (6)  

Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions

 

are to be regulated activity).

 

      (7)  

In paragraph 10(2) (the period condition)—

 

(a)    

omit “or 7(1)(a), (b), (c), (d) or (g)”, and

 

(b)    

in paragraph (b), omit “or vulnerable adults (as the case may be)”.

 

Alteration of test for barring decisions

 

4    (1)  

For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 1 to the

 

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (automatic

 

inclusion of person to whom paragraph applies in children’s barred list)

 

substitute—

 

  “(2)  

If the Secretary of State has reason to believe that—

 

(a)    

this paragraph might apply to a person, and

 

(b)    

the person is or has been, or might in future be, engaged in

 

regulated activity relating to children,

 

            

the Secretary of State must refer the matter to ISA.

 

      (3)  

If (whether or not on a reference under sub-paragraph (2)) ISA—

 

(a)    

is satisfied that this paragraph applies to a person, and

 

(b)    

has reason to believe that the person is or has been, or might

 

in future be, engaged in regulated activity relating to

 

children,

 

            

it must include the person in the children’s barred list.”

 

      (2)  

For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Order

 

(inclusion of person to whom paragraph applies in children’s barred list with

 

right to make representation afterwards) substitute—

 

  “(2)  

If the Secretary of State has reason to believe that—

 

(a)    

this paragraph might apply to a person, and

 

(b)    

the person is or has been, or might in future be, engaged in

 

regulated activity relating to children,

 

            

the Secretary of State must refer the matter to ISA.

 

      (3)  

Sub-paragraph (4) applies if (whether or not on a reference under

 

sub-paragraph (2)) it appears to ISA that—

 

(a)    

this paragraph applies to a person, and

 

(b)    

the person is or has been, or might in future be, engaged in

 

regulated activity relating to children.


 
 

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      (4)  

ISA must give the person the opportunity to make representations

 

as to why the person should not be included in the children’s barred

 

list.

 

      (5)  

Sub-paragraph (6) applies if—

 

(a)    

the person does not make representations before the end of

 

any time prescribed for the purpose, or

 

(b)    

the duty in sub-paragraph (4) does not apply by virtue of

 

paragraph 16(2).

 

      (6)  

If ISA—

 

(a)    

is satisfied that this paragraph applies to the person, and

 

(b)    

has reason to believe that the person is or has been, or might

 

in future be, engaged in regulated activity relating to

 

children,

 

            

it must include the person in the list.

 

      (7)  

Sub-paragraph (8) applies if the person makes representations

 

before the end of any time prescribed for the purpose.

 

      (8)  

If ISA—

 

(a)    

is satisfied that this paragraph applies to the person,

 

(b)    

has reason to believe that the person is or has been, or might

 

in future be, engaged in regulated activity relating to

 

children, and

 

(c)    

is satisfied that it is appropriate to include the person in the

 

children’s barred list,

 

            

it must include the person in the list.”

 

      (3)  

In paragraph 3 of that Schedule to that Order (inclusion in children’s barred list

 

on behaviour grounds)—

 

(a)    

in sub-paragraph (1)(a) for the words from “has” to “conduct,”

 

substitute “—

 

(i)    

has (at any time) engaged in relevant

 

conduct, and

 

(ii)    

is or has been, or might in future be,

 

engaged in regulated activity relating to

 

children,”,

 

(b)    

in sub-paragraph (3), after paragraph (a) (and before the word “and” at

 

the end of the paragraph), insert—

 

“(aa)    

it has reason to believe that the person is or has

 

been, or might in future be, engaged in regulated

 

activity relating to children,”, and

 

(c)    

in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

 

      (4)  

In paragraph 5 of that Schedule to that Order (inclusion in children’s barred list

 

because of risk of harm)—

 

(a)    

in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

 

“—

 

(i)    

falls within sub-paragraph (4), and

 

(ii)    

is or has been, or might in future be,

 

engaged in regulated activity relating to

 

children,”,

 

(b)    

in sub-paragraph (3), after paragraph (a) (and before the word “and” at

 

the end of the paragraph), insert—


 
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