S.C.C.
Amendment Paper as at
Wednesday 17th March 1999
STANDING COMMITTEE C
PROTECTION OF CHILDREN BILL
Clause No. 2 (Inclusion in list on reference to Secretary of State)
Amendment (No. 4) proposed, in page 2, line 2, to leave out the words 'or would have considered dismissing him'.—(Mr Andrew F. Bennett).
Question proposed, That the Amendment be made.
Mr Philip Hammond
69
Clause 2, page 2, line 2, leave out from 'organisation' to 'him' in line 3 and insert 'has concluded on the balance of evidence available to it that it would have dismissed'.
Mr Andrew F. Bennett
Jackie Ballard
62
Clause 2, page 2, line 3, leave out 'considered dismissing him' and insert 'concluded that dismissal was appropriate'.
Mr Andrew Lansley
66
Clause 2, page 2, line 4, at end insert—
'(bb) that the organisation is in receipt of evidence which, if the individual had not previously resigned or retired, would have been sufficient, in the view of that organisation, to lead to dismissal;'.
Mr Andrew F. Bennett
Jackie Ballard
5
Clause 2, page 2, leave out lines 8 to 11.
Mr Andrew F. Bennett
38
Clause 2, page 2, line 11, at end insert '; or
(e) that the individual has resigned or retired and, in a period not exceeding five years from the date of that resignation or retirement, information has come to light such that the organisation would have dismissed him, or would have considered dismissing him, on such grounds had he not resigned or retired.'.
Mr Andrew F. Bennett
Jackie Ballard
63
Clause 2, page 2, line 11, at end insert, '; or
(e) that the individual has resigned or retired and, in a period not exceeding five years from the date of that resignation or retirement, information has come to light such that the organisation would have dismissed him, or would have concluded that dismissal was appropriate, on such grounds had he not resigned or retired.'.
Mr Philip Hammond
70
Clause 2, page 2, line 11, at end insert—
'(e) that the individual has resigned or retired and, in a period not exceeding five years from the date of that resignation or retirement, information has come to light such that the organisation has concluded on the balance of the evidence availabe to it that it could have dismissed him on such grounds had he not resigned or retired.'.
Mr Andrew F. Bennett
6
Clause 2, page 2, leave out lines 15 to 18 and insert 'refer the matter for determination by the Tribunal.'.
Mr Andrew F. Bennett
Jackie Ballard
7
Clause 2, page 2, line 16, leave out from 'below' to end of line 18.
Mr Philip Hammond
71
Clause 2, page 2, line 17, leave out 'pending that determination' and insert 'until such determination of the reference in accordance with subsection (5) or the expiry of a period of six months from the date of such inclusion, whichever is the earlier'.
Mr Andrew F. Bennett
Jackie Ballard
8
Clause 2, page 2, line 18, at end insert '; but
(c) not allow the provisional inclusion of the individual in the list to continue for a period greater than six months.'.
Mr Andrew F. Bennett
9
Clause 2, page 2, leave out from beginning of line 26 to end of line 11 on page 3.
Mr Andrew F. Bennett
10
Clause 2, page 2, line 29, leave out from 'relevant' to end of line 32.
Mr Andrew F. Bennett
Jackie Ballard
11
Clause 2, page 2, line 35, leave out 'of the opinion' and insert 'satisfied so that he is sure'.
Mr Philip Hammond
72
Clause 2, page 2, line 35, leave out 'of the opinion' and insert 'satisfied'.
Mr Andrew F. Bennett
Jackie Ballard
12
Clause 2, page 2, leave out lines 36 to 40 and insert—
'(a) that the individual was guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of serious harm; and
(b) that by reason of that misconduct it is necessary to protect children from serious harm from that individual.'.
Mr Philip Hammond
73
Clause 2, page 2, line 36, leave out 'organisation reasonably considered the individual to be' and insert 'individual was'.
Mr Andrew F. Bennett
Jackie Ballard
13
Clause 2, page 2, line 37, leave out 'or incompetence'.
Mr Andrew Lansley
40
Clause 2, page 2, line 37, after first 'or', insert 'gross'.
Mrs Llin Golding
51
Clause 2, page 2, line 37, after first 'or', insert 'serious'.
Mr Andrew F. Bennett
Jackie Ballard
14
Clause 2, page 2, line 38, after second 'of', insert 'serious'.
Mr Philip Hammond
74
Clause 2, page 2, line 40, after 'that', insert 'by reason of his misconduct'.
Mr Andrew F. Bennett
Jackie Ballard
15
Clause 2, page 2, leave out from beginning of line 41 to end of line 2 on page 3.
Mr Andrew F. Bennett
16
Clause 2, page 2, line 45, leave out 'or would have considered dismissing him'.
Mr Andrew F. Bennett
Jackie Ballard
17
Clause 2, page 3, line 9, leave out 'or incompetence'.
Mr Andrew Lansley
41
Clause 2, page 3, line 9, after first 'or', insert 'gross'.
Mrs Llin Golding
52
Clause 2, page 3, line 9, after first 'or', insert 'serious'.
Mr Andrew F. Bennett
Jackie Ballard
18
Clause 2, page 3, line 10, after 'of', insert 'serious'.
Ms Debra Shipley
34
Clause 3, page 3, line 12, leave out 'This subsection applies' and insert 'Subsections (2) and (3) below apply'.
Ms Debra Shipley
35
Clause 3, page 3, line 13, after 'included' insert—
'(otherwise than provisionally)'.
Ms Debra Shipley
36
Clause 3, page 3, line 15, leave out 'included in that Index' and insert 'so included'.
Mr Philip Hammond
78
Clause 3, page 3, line 27, at end insert—
'(c) include the individual provisionally in the list kept by the Secretary of State under section 1 until the occurrence of whichever is the earlier of—
(i) a decision by the Secretary of State under subsection (3) to include the individual in the list, or
(ii) a decision by the Secretary of State not to include the individual in the list, or
(iii) the expiry of a period of six months from the date on which the individual was provisionally included in the list.'.
Mr Andrew F. Bennett
Jackie Ballard
19
Clause 3, page 3, line 31, leave out 'of the opinion' and insert 'satisfied so that he is sure'.
Mr Philip Hammond
75
Clause 3, page 3, line 31, leave out 'of the opinion' and insert 'satisfied'.
Mr Andrew F. Bennett
Jackie Ballard
20
Clause 3, page 3, leave out lines 32 to 36 and insert—
'(a) that the individual was guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of serious harm; and
(b) that by reason of that misconduct it is necessary to protect children from serious harm from that individual.'.
Mr Philip Hammond
76
Clause 3, page 3, line 32, leave out 'organisation reasonably considered the individual to be' and insert 'individual was'.
Mr Andrew F. Bennett
Jackie Ballard
21
Clause 3, page 3, line 33, leave out 'or incompetence'.
Mr Andrew Lansley
42
Clause 3, page 3, line 33, after first 'or', insert 'gross'.
Mrs Llin Golding
53
Clause 3, page 3, line 33, after first 'or', insert 'serious'.
Mr Andrew F. Bennett
Jackie Ballard
22
Clause 3, page 3, line 34, after second 'or', insert 'serious'.
Mr Philip Hammond
77
Clause 3, page 3, line 36, after 'that', insert 'by reason of his misconduct'.
