S.C.C.
Amendment Paper as at
Wednesday 24th March 1999
STANDING COMMITTEE C
PROTECTION OF CHILDREN BILL
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'.
Ms Debra Shipley
37
Clause 3, page 3, line 36, at end insert—
'(4) Where—
(a) an individual who is or has been employed in a child care position has been referred by an organisation to the Secretary of State for inclusion in the Consultancy Service Index;
(b) the reference has not been determined at the commencement of this section; and
(c) any of the conditions mentioned in subsection (2) of section 2 above was fulfilled in relation to the reference,
that section shall apply as if the reference had been a reference made by the organisation under subsection (1) of that section.
(5) For the purposes of subsection (4) above, a reference of an individual for inclusion in that Index is determined only when, following the reference—
(a) the individual is included (otherwise than provisionally) in the Index; or
(b) the Secretary of State determines that he should not be included in it.'.
Mr Andrew F. Bennett
23
Clause 4, page 3, leave out lines 37 to 43.
Mr Andrew F. Bennett
Jackie Ballard
24
Clause 4, page 3, line 37, leave out '(otherwise than provisionally)'.
Jackie Ballard
59
Clause 4, page 3, line 40, after 'list;', insert—
'(aa) a referral made to the Secretary of State under section 2(2)(b) above'.
Ms Debra Shipley
82
Clause 4, page 3, line 41, leave out 'and in such circumstances as may be prescribed'.
Ms Debra Shipley
83
Clause 4, page 3, line 43, at end insert—
'(1A) Subject to subsection (4) below, an individual who has been provisionally included for a period of more than nine months in the list kept by the Secretary of State under section 1 above may, with the leave of the Tribunal, have the issue of his inclusion in the list determined by the Tribunal instead of by the Secretary of State.'
Ms Debra Shipley
84
Clause 4, page 3, line 44, after 'If', insert 'on an appeal or determination under this section'.
Mr Andrew F. Bennett
Jackie Ballard
25
Clause 4, page 3, line 44, after 'satisfied', insert 'so that it is sure'.
Mr Andrew F. Bennett
Jackie Ballard
26
Clause 4, page 3, line 45, leave out 'or incompetence'.
Mr Andrew Lansley
43
Clause 4, page 3, line 45, after 'or', insert 'gross'.
Mrs Llin Golding
54
Clause 4, page 3, line 45, after 'or', insert 'serious'.
Mr Andrew F. Bennett
Jackie Ballard
27
Clause 4, page 3, line 47, after 'of', insert 'serious'.
Mr Andrew F. Bennett
Jackie Ballard
28
Clause 4, page 4, line 1, after 'that', insert 'by reason of his misconduct'.
Ms Debra Shipley
85
Clause 4, page 4, line 2, leave out 'and direct the individual's' and insert 'or determine the issue in the individual's favour and (in either case) direct his'.
Ms Debra Shipley
86
Clause 4, page 4, line 3, leave out 'confirm the Secretary of State's decision' and insert 'dismiss the appeal or direct the individual's inclusion in the list'.
Mr Andrew F. Bennett
Jackie Ballard
29
Clause 4, page 4, line 5, leave out 'or incompetence'.
Mr Andrew Lansley
44
Clause 4, page 4, line 5, after first 'or' insert 'gross'.
Mrs Llin Golding
55
Clause 4, page 4, line 5, after first 'or', insert 'serious'.
