NOTICES OF AMENDMENTS
given up to and including
Wednesday 28th April 1999
CONSIDERATION OF BILL
PROTECTION OF CHILDREN BILL, AS AMENDED
NEW CLAUSES
Legal aid
Mr Eric Forth
Jackie Ballard
NC1
To move the following Clause:—
'.—In paragraph 1 of Part 1 of Schedule 2 to the Legal Aid Act 1988, insert—
"(e) the Tribunal established by Section 9 of the Protection of Children Act 1999".'.
Failure to inform a prospective employer of inclusion on list
Jackie Ballard
NC3
To move the following Clause:—
'.—(1) A person who knows that he is included on the list kept by the Secretary of State under section 1 shall be guilty of an offence if he applies for employment in a childcare position but fails to inform his prospective employers that he is on the list.
(2) A person guilty of an offence under subsection (1) above shall be subject to a maximum term of imprisonment of three months.'.
Report to Parliament
Mr Philip Hammond
NC2
To move the following Clause:—
'.—The Secretary of State shall, within eighteen months of the date on which sections 1 to 4 of this Act are brought into force (or, if those sections are brought into force on different dates, the latest of those dates), lay before Parliament a written report stating, in relation to the first twelve months after those sections entered into force—
(a) the number of people placed on the list kept under section 1, otherwise than provisionally;
(b) the number of people provisionally placed in the list kept under section 1;
(c) the number of people on the list who have initiated appeal procedures;
(d) the average length of time taken to confirm the inclusion of individuals on the list kept under section 1; and
(e) the average length of time elapsing between the commencement of appeal proceedings and determination by the Tribunal of the appeal in question.'.
Mr Eric Forth
13
Page 1, line 12 [Clause 1], leave out 'may at any time' and insert 'shall'.
Mr Eric Forth
Jackie Ballard
1
Page 1, line 13 [Clause 1], at end insert 'or should no longer be included in it'.
Mr David Maclean
39
*Page 1, line 13 [Clause 1], at end insert 'as soon as he is so satisfied.'.
Ms Debra Shipley
19
Page 1, line 16 [Clause 2], leave out 'any of the following conditions is fulfilled' and insert 'there is fulfilled—
(a) any of the conditions mentioned in subsection (2) below; or
(b) the condition mentioned in subsection (2A) below'.
Ms Debra Shipley
20
Page 1, line 17 [Clause 2], after 'conditions' insert 'referred to in subsection (1)(a) above'.
Mr Eric Forth
2
Page 1, line 22 [Clause 2], leave out 'or would have considered dismissing him'.
Mr David Maclean
36
*Page 2, line 1 [Clause 2], leave out 'considered' and insert 'given serious consideration to.'.
Mr Eric Forth
3
Page 2 [Clause 2], leave out lines 6 to 9.
Ms Debra Shipley
21
Page 2, line 9 [Clause 2], at end insert—
'(2A) The condition referred to in subsection (1)(b) above is that—
(a) in circumstances not falling within subsection (2) above, the organisation has dismissed the individual, he has resigned or retired or the organisation has transferred him to a position within the organisation which is not a child care position;
(b) information not available to the organisation at the time of the dismissal, resignation, retirement or transfer has since become available; and
(c) the organisation has formed the opinion that, if that information had been available at that time and if (where applicable) the individual had not resigned or retired, the organisation would have dismissed him, or would have considered dismissing him, on such grounds as are mentioned in subsection (2)(a) above.'
Mr David Maclean
35
*Page 2, line 9 [Clause 2], at end insert—
'(e) that information has come to light such that the organisation would have dismissed him had it been aware of the information at the time.'.
Mr Eric Forth
4
Page 2 [Clause 2], leave out lines 15 and 16.
Mr Eric Forth
5
Page 2, line 16 [Clause 2], at end insert 'but
(c) shall not allow the provisional inclusion of a person on the list to continue for a period greater than six months'.
Mr David Maclean
37
*Page 2, line 19 [Clause 2], leave out ', if he thinks fit,'.
Mr Eric Forth
14
Page 2, line 31 [Clause 2], after 'shall', insert '(within a period of not more than six months after inclusion on the list),'.
Mr Eric Forth
6
Page 2, line 33 [Clause 2], leave out 'of the opinion' and insert 'satisfied so that he is sure'.
Mr Eric Forth
7
Page 2, [Clause 2], leave out line 38 and insert—
'(b) that by reason of that misconduct it is necessary to protect children from serious harm by that individual'.
Ms Debra Shipley
22
Page 3, line 9 [Clause 2], after '(2),' insert '(2A),'.
Ms Debra Shipley
23
Page 3, line 9 [Clause 2], at end insert—
'(9) Nothing in this section shall require a child care organisation to refer an individual to the Secretary of State in any case where the dismissal, resignation, retirement, transfer or suspension took place or, as the case may be, the opinion was formed before the commencement of this section.'
Ms Debra Shipley
24
Page 3, line 16 [Clause 3], after 'above' insert ', or the condition mentioned in section 2(2A) above,'.
Mr David Maclean
34
*Page 3, line 22 [Clause 3], leave out ', if he thinks fit,'.
Mr Eric Forth
8
Page 3, line 30 [Clause 3], leave out 'of the opinion' and insert 'satisfied so that he is sure'.
Mr Eric Forth
9
Page 3 [Clause 3] leave out lines 31 to 35 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 harm by that individual.'.
Mr Eric Forth
10
Page 3, line 36 [Clause 4], leave out '(otherwise than provisionally)'.
Mr Eric Forth
15
Page 3, line 43 [Clause 4], leave out 'nine' and insert 'six'.
Mr Eric Forth
11
Page 4, line 2 [Clause 4], after 'satisfied', insert 'so that it is sure'.
Mr Eric Forth
12
Page 4, line 6 [Clause 4], after 'that', insert 'by reason of that misconduct'.
Ms Debra Shipley
25
Page 5, line 14 [Clause 6], leave out 'of the Secretary of State'.
Ms Debra Shipley
26
Page 5, line 17 [Clause 6], leave out 'of the Secretary of State'.
Mr David Maclean
33
*Page 6, line 31 [Clause 8], at end insert 'by the Secretary of State within one year of commencement of this Act;'.
Mr David Maclean
30
*Page 6, line 36 [Clause 8], leave out 'subsection' and insert 'subsections'.
Mr David Maclean
31
*Page 6, line 48 [Clause 8], at end insert—
'(6B) Where an application is made under subsection 3(A) or 6(A) above, the certificate shall be provided within such period of time as shall be prescribed by the Secretary of State.
(6C) Where the certificate is not provided within the time limit, no fee shall be payable in respect of that certificate.'.
Mr David Maclean
32
*Page 6, line 48 [Clause 8], at end insert—
'(6B) Where an application is made under subsection 3(A) or 6(A) above, the certificate shall be provided within 25 working days of receipt of the request.
(6C) Where the certificate is not provided within the time limit, no fee shall be payable in respect of that certificate.'.
Mr David Maclean
29
*Page 7, line 7 [Clause 9], leave out ', in particular, include' and insert 'make'.
Mr Eric Forth
16
Page 7, line 15 [Clause 9], leave out 'in prescribed circumstances' and insert 'at the discretion of the Tribunal'.
Mr Eric Forth
17
Page 7, line 16 [Clause 9], leave out 'in prescribed circumstances' and insert 'at the discretion of the Tribunal'.
Mr Eric Forth
18
Page 7, line 36 [Clause 9], at end insert '; and
(s) for the location of hearings, to provide for reasonable access and security of the persons involved.'.
Mr David Maclean
28
*Page 8, line 13 [Clause 10], at end insert ';or are otherwise considered to be vulnerable;'.
Ms Debra Shipley
27
Page 9, line 43 [Clause 13], after '(2)' insert ', or the condition mentioned in subsection (2A),'.
