Protection of Freedoms Bill

Page 51, line 24, at end insert—

“(2C) The reference in subsection (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.”

Line 3, leave out “in all the circumstances”

Page 51, line 24, at end insert—

“(2C) The registered person shall determine the application of paragraph (2B)(b) by reference to guidance issued by the Secretary of State.

(2D) This guidance—

(a) shall be drafted in consultation with organisations which assume responsibility for the safeguarding of children;

(b) shall be given in writing.”

Page 52, line 20, at end insert—

“( ) in sub-paragraph (1) after paragraph (f) insert—

“(g) any work in a further education college, as defined under the Further and Higher Education Act 1992, where the normal duties of that work involve regular contact with children.””

Page 52, leave out lines 25 to 28

Page 52, leave out lines 33 to 39

Page 52, line 39, at end insert—

“(3BA) The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.”

Page 55, line 33, leave out from “person,” to end of line 35

Page 55, line 38, leave out from “person,” to end of line 41

Page 57, line 23, leave out from “person,” to end of line 25

Page 57, line 28, leave out from “person,” to end of line 31

Page 70, line 3, after “it” insert “a barred list or”

Page 70, line 4, after “a” insert “particular”

Page 70, line 10, after “a” insert “particular”

[Withdrawn]

[Withdrawn]

[Withdrawn]

Page 148, line 10, at end insert—

“(2C) The reference in sub-paragraph (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.”

Page 149, line 2, at end insert—

“(3BA) The references in sub-paragraphs (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.”

Page 151, line 31, leave out from “person,” to end of line 33

Page 151, line 36, leave out from “person,” to end of line 39

Page 153, line 19, leave out from “person,” to end of line 21

Page 153, line 24, leave out from “person,” to end of line 27

Page 166, line 5, after “it” insert “a barred list or”

Page 166, line 5, after “a” insert “particular”

Page 166, line 12, after “a” insert “particular”

Page 72, line 16, at end insert—

“120AD Registered persons: copies of certificates in certain circumstances

(1) Subsection (2) applies if—

(a) the Secretary of State gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,

(b) the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

(c) the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.

(2) The Secretary of State must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person—

(a) has counter-signed the application or transmitted it to the Secretary of State under section 113A(2A) or 113B(2A),

(b) has informed the Secretary of State that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and

(c) no prescribed circumstances apply.

(3) The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.

(4) In this section “up-date information” has the same meaning as in section 116A.”

Page 72, line 16, at end insert—

“120AD Registered persons: information provided in certain circumstances

The Secretary of State must, in response to a request from a person acting as the registered person in relation to an application under section 113A or 113B, provide that person with a copy of the certificate if the following conditions are satisfied—

(a) a period of 28 days has elapsed since the certificate was issued to the applicant,

(b) the registered person has not been notified of the applicant’s decision to withdraw their application for the role in question, and

(c) no appeal has been made by the applicant against information contained within that certificate.”

Insert the following new Clause—

“Time limit for decisions involving the public interest

In section 10(3) of the Freedom of Information Act 2000 (time for compliance with request) after “circumstances” insert “provided that it complies not later than the fortieth working day following the date of receipt”.”

Insert the following new Clause—

“Freedom of information and contracts

(1) Any contract for any sum over £1 million made by a public authority with any person after the coming into force of this section shall be deemed to include a freedom of information provision.

(2) Where such a contract is to any extent performed by means of a sub-contract, that sub-contract shall be deemed to include a freedom of information provision.

(3) In this section a “freedom of information provision” means a provision stipulating that all information relating to the performance of the contract which is held by—

(a) the contractor,

(b) a sub-contractor, and

(c) any other person on behalf of the contractor or sub-contractor,

is, notwithstanding any contrary provision, deemed to be held on behalf of the relevant authority for the purpose of section 3(2)(b) of the Freedom of Information Act 2000 or regulation 3(2)(b) of the Environmental Information Regulations 2004.”

Page 88, line 35, at end insert “which may set conditions on republication or communication of the data to third parties”

Page 92, line 2, at end insert—

“( ) Section 22 of the Freedom of Information Act 2000 is amended as follows.

( ) After subsection (1) (Information intended for future publication), insert—

“(1A) Information obtained in the course of, or derived from, a programme of research or research project is exempt information if—

(a) the programme or project is continuing with a view to a report of the research (whether or not including a statement of that information) being published, and

(b) disclosure of the information before the date of publication would, or would be likely to, prejudice substantially—

(i) the programme or project;

(ii) peer review of the programme or project;

(iii) the interests of any individual participating in the programme or project;

(iv) the interests of the authority which holds the information or the interests of any party collaborating with the authority in connection with the programme or project;

(v) the physical or mental health of any individual.””

Leave out Clause 102

Insert the following new Clause—

“Public authorities

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In Part VI (other public bodies and offices: general) of Schedule 1 (public authorities), after “The Consumer Panel established under section 16 of the Communications Act 2003” insert “The Corporation of Trinity House”.”

Insert the following new Clause—

“Legal advocate for child victim of human trafficking

(1) It shall be a requirement that each child who might have been the victim of a human trafficking offence shall have a legal advocate appointed to represent the best interests of that child if the person who has parental responsibility fulfils any of the conditions set out in subsection (3).

(2) The legal advocate shall have the following responsibilities—

(a) to advocate that all decisions taken are in the child’s best interest;

(b) to advocate for the child to receive appropriate care, accommodation, medical treatment, including psychological assistance, education, translation and interpretation services;

(c) to advocate for the child’s legal right to remain;

(d) to advocate for the child’s access to legal and other representation where necessary;

(e) to consult with, advise and keep the child victim informed of legal rights;

(f) to contribute to identification of a plan to safeguard and promote the long-term welfare of the child based on an individual assessment of that child’s best interests;

(g) to keep the child informed of all relevant immigration, criminal or compensation proceedings;

(h) to provide a link between the child and various organisations which may provide services to the child;

(i) to assist in establishing contact with the child’s family, where the child so wishes and it is in the child’s best interests;

(j) to attend all police interviews with the child; and

(k) to accompany the child whenever the child moves to new accommodation.

(3) Subsection (1) applies if the person who has parental responsibility for the child—

(a) is suspected of taking part in a human trafficking offence;

(b) has another conflict of interest with the child;

(c) is not in contact with the child; or

(d) is in a country outside the United Kingdom.

(4) In subsection (1), a legal advocate may be—

(a) an employee of a statutory body;

(b) an employee of a recognised charitable organisation; or

(c) a volunteer for a recognised charitable organisation.

(5) Where a legal advocate is appointed under subsection (1), it shall be a requirement that any relevant agency recognises the authority of the legal advocate in relation to the child.

(6) In subsection (5), a “relevant agency” means a person or organisation which—

(a) provides services to the child; or

(b) the child needs access to in relation to being a victim of a human trafficking offence.

(7) The Secretary of State—

(a) shall by order set out the arrangements for the appointment of a legal advocate;

(b) may make rules about the training courses to be completed before a person may exercise functions as a legal advocate; and

(c) shall by order designate organisations as a “recognised charitable organisation” for the purpose of this section.

(8) In this section—

“human trafficking offence” means an offence under section 59A of the Sexual Offences Act 2003 (trafficking people for sexual exploitation) or an offence under section 4 of the Asylum and Immigration (treatment of Claimants, etc.) Act 2004 (trafficking people for labour and other exploitation); and

“parental responsibility” has the same meaning as section 3 of the Children Act 1989.”

Page 179, line 37, at end insert—

“In section 113A (criminal record certificates) omit subsection (10).

In section 113B (enhanced criminal record certificates) omit subsection (13).”

Page 182, line 25, leave out “7(1)(i) or (j)” and insert “7(1)(f) or (g)”

Page 182, line 38, leave out “for “will” substitute “may”” and insert “after “will” insert “or (as the case may be) may”.”

Page 185, line 17, leave out “for “will” substitute “may”” and insert “after “will” insert “or (as the case may be) may”.”

Page 185, line 36, leave out “and 120AC” and insert “, 120AC and 120AD”

Page 186, line 3, leave out “and 120AC” and insert “, 120AC and 120AD”

Page 187, line 7, at end insert—

“( ) After subsection (2) insert—

“(2A) Where, in connection with the provision of up-date information under section 116A, the chief officer of a police force receives a request for information of the kind mentioned in section 113B(4), the chief officer of police must comply with it as soon as practicable.””

Page 188, line 14, at end insert “, 120AC(1) or 120AD(2)”

Page 188, line 17, leave out “or 120AC(1)” and insert “, 120AC(1) or 120AD(2)”

Page 188, line 23, at end insert “or 120AD”

Page 196, line 36, column 2, at beginning insert—

Page 203, line 5, at end insert—

Page 100, line 42, after “Part 1” insert “and any Welsh provision”

Page 100, line 42, at end insert—

“(2) The Welsh Ministers may by order made by statutory instrument make such transitional, transitory or saving provision as the Welsh Ministers consider appropriate in connection with the coming into force of any Welsh provision.

(3) In this section “Welsh provision” means any provision of this Act so far as it falls within section 118(3).”

Page 102, line 2, after “1997” insert “(excluding sections 113A(10) and 113B(13) of that Act)”

Page 102, line 41, leave out “116” and insert “115”

Page 103, line 3, leave out subsection (9)