House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee: 17 May 2011
319

Protection of Freedoms Bill, continued

      (2)
ISA must remove a person from the adults’ barred list if ISA knows

that the person is included in a corresponding list.

      (3)
A corresponding list is a list maintained under the law of England

and Wales or Scotland which the Secretary of State specifies by

order as corresponding to the adults’ barred list.”

      (4)
In paragraph 12(1)(a) of that Schedule to that Order—

(a)
after “if” insert “ISA knows that”,

(b)
after “authority” insert “—

(i)
”, and

(c)
for the words from “(whether” to “list)” substitute “, and

(ii)
has decided not to include the person in the

list”.

Professional bodies

12  (1)
In Article 43 of the Safeguarding Vulnerable Groups (Northern Ireland) Order

2007 (registers: 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)
omit paragraph (4A) to (4C),

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

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

      (2)
In Article 45 of that Order (registers: notice of barring etc.) for paragraphs (1)

to (5) substitute—

“(1)
Paragraph (2) applies if—

(a)
ISA knows or thinks that a person (A) appears on a relevant

register, and

(b)
either—

(i)
A is included in a barred list, or

(ii)
ISA is aware that A is subject to a relevant

disqualification.

(2)
ISA must—

(a)
notify the keeper of the register of the circumstances

mentioned in paragraph (1)(b)(i) or (as the case may be) (ii),

and

(b)
in the case where A is included in a barred list, provide the

keeper of the register with such of the information on which

ISA relied in including A in the list as ISA considers—

(i)
to be relevant to the exercise of any function of the

keeper, and

(ii)
otherwise appropriate to provide.

(3)
Paragraph (4) applies if the keeper of a relevant register applies to ISA

to ascertain in relation to a person (A) whether—

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Protection of Freedoms Bill, continued

(a)
A is included in a barred list, or

(b)
ISA is aware that A is subject to a relevant disqualification.

(4)
ISA must notify the keeper of the register as to whether the

circumstances are as mentioned in paragraph (3)(a) or (as the case may

be) (b).

(5)
ISA may (whether on an application by the keeper or otherwise)

provide to the keeper of a relevant register such relevant information

as ISA considers appropriate.

(5A)
Paragraph (5B) applies if—

(a)
a keeper of a register has applied to the Secretary of State to

be notified in relation to a person (A) if—

(i)
A is included in a barred list, or

(ii)
the Secretary of State is aware that A is subject to a

relevant disqualification, and

(b)
the application has not been withdrawn.

(5B)
The Secretary of State must notify the keeper of the register if the

circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or

(as the case may be) (ii).

(5C)
For the purposes of paragraph (5A)(b) an application is withdrawn

if—

(a)
the keeper of the register notifies the Secretary of State that

the keeper no longer wishes to be notified if the circumstances

are, or become, as mentioned in paragraph (5A)(a)(i) or (as

the case may be) (ii) in relation to A, or

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

following grounds—

(i)
that the keeper 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 keeper still wishes to be notified if the

circumstances are, or become, as mentioned in

paragraph (5A)(a)(i) or (as the case may be) (ii), or

(ii)
that A neither appears in the register nor is being

considered for inclusion in the register.

(5D)
A keeper of a relevant register may apply for information under this

Article, or to be notified under this Article, in relation to a person (A)

only if—

(a)
A appears in the register, or

(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—

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Protection of Freedoms Bill, continued

(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

(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,

Public Bill Committee: 17 May 2011
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Protection of Freedoms Bill, continued

(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—

“(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

Public Bill Committee: 17 May 2011
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Protection of Freedoms Bill, continued

(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).

      (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)—

Public Bill Committee: 17 May 2011
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Protection of Freedoms Bill, continued

(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: 17 May 2011
325

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).



© Parliamentary copyright	Revised 17 May 2011