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Mr. Hutton: I agree absolutely. If there are concerns about how the scheme applies as it appears on the face of the Bill, we shall be keen to explore those issues in Committee. If the right hon. Gentleman tables specific amendments, we shall give them careful consideration.
Mr. Letwin: On re-reading, I accept entirely that the provision is not automatic, but does the Minister accept that the test for inclusion on the provisional list is merely one of appearance, which is extremely weak; and that we might properly examine in Committee whether that test ought to be strengthened?
Mr. Hutton: My hon. Friend the Member for Stourbridge will have her own thoughts and opinions on
that, which is perfectly proper as she is the Bill's promoter. However, in general terms, the Government believe that it is extremely important that the new statutory framework includes provision for a provisional inclusion on the list. We do not want people to slip through the net simply by changing their employment or moving from one job to another. If we are to protect children properly, it is important that there is a provision that answers the need for provisional or temporary inclusion on the list until a fuller determination of events can be resolved. I hope that I have now dealt with most of the points raised in the debate. If I have failed to do that in any respect, I shall be happy to write to hon. Members.
Let me now join with other hon. Members in congratulating my hon. Friend the Member for Stourbridge, not only on her good fortune in coming first in the ballot, but on choosing this topic for her Bill. We in this House have a special responsibility to ensure that children, especially the most vulnerable children in our society, are properly protected from harm and abuse at the hands of adults. The Government take that responsibility extremely seriously, and I am delighted that that view is shared by every hon. Member who has spoken in the debate.
That is why the Government have already introduced several measures to improve the safety and protection of innocent children; I shall speak briefly about those initiatives later. It is also why the Government strongly support the Bill and why we are grateful to my hon. Friend for giving the House this important opportunity to improve the safety and well-being of children. I am delighted that the Bill has received such strong support from child care organisations and from hon. Members who have spoken today. However, the Bill should be seen in the wider context of the Government's strategy to strengthen both the quality of care that vulnerable children receive and their protection from the activities of dangerous adults.
We have to start with a frank assessment of the extent to which we have discharged our responsibilities toward those children in the past. The evidence is clear: we, as a society, have let those children down badly. We have not acted strongly enough to ensure that vulnerable children receive the love, care and protection that all of us would demand and expect for our own children. For too long, we have failed to take the necessary action that would have helped those young people to develop their talents to the full. The price of that failure has been high in both human and social terms.
The Government are determined to learn the lessons of those past failures and to act decisively to improve children's services across the board. We are taking action now to improve the quality of care that those children receive, but we also need to strengthen the protection against abuse and criminal behaviour. That is why the Government welcome this private Member's Bill. The Bill will make a significant contribution to improving that protection and will thus be a fundamental part of our new approach to caring for vulnerable children. We are tackling the problem in a joined-up and concerted fashion, by addressing both quality and safeguards.
That is why we launched the quality protects initiative, to which several hon. Members have referred. It is a three-year programme to modernise social services for children which will be backed up by a new special grant of £375 million over the next three years. Quality protects
is about delivering better outcomes for children in need by setting new national objectives for children's services, promoting an important role for local councillors, and requiring all local authorities to submit new quality protects management action plans to the Department of Health by the end of January. I am pleased to say that all the action plans were submitted on time and evaluation work is now well under way.
Before addressing the Bill, I should deal with the important issue of compliance with the European convention on human rights. Because the Bill is a private Member's Bill, section 19 of the Human Rights Act 1998 does not strictly apply; however, it will be helpful if I make the Government's view on ECHR compliance absolutely clear. I can confirm that, in the Government's view, the Bill is fully compatible with the European convention.
I shall comment specifically about several important aspects of the Bill. They are the scope of the Bill, the appeal arrangements and the timetable for bringing the provisions into force should the Bill achieve--as I very much hope it will--Royal Assent. As the scope of the Bill, it is clear from what my hon. Friend the Member for Stourbridge has said that the Bill will lay the foundations necessary for a more complete system of protection.
However, it is clear that further action will need to be taken as we continue to develop our thinking in this area. The Bill does not, for example, make it a criminal offence to offer employment or fail to check against the lists. As I said to the hon. Member for Runnymede and Weybridge, those questions are being looked at within Government at present. They will, as necessary, be the subject of further Government legislation, taking into account all the relevant considerations. Even though that means that the most direct criminal sanctions are absent from the face of the Bill, we think that, in practice, all responsible organisations will act fully in accordance with its provisions.
Mr. Maclean:
I am very grateful to the Minister for giving way on this point. I shall be brief. I raised this issue with the hon. Member for Stourbridge (Ms Shipley) because I am worried about the lack of criminal sanctions. Like the Minister, I believe that most organisations will try to do their duty. However, some of the worst child abuse cases in this country have arisen because of failings on the part of social services departments. Does the Minister accept that, unless there is a threat of severe criminal sanctions--similar to those that apply to other departmental inspectors, such as members of the Health and Safety Executive--there is a danger of a lacuna in this legislation?
Mr. Hutton:
As I tried to imply a moment ago, the Government are examining the whole issue of criminal sanctions: what they should be and when and how we can bring those proposals forward. The right hon. Member for Penrith and The Border mentioned specifically his concerns about social services departments. So far as child care is concerned--and regulated organisations in particular--existing powers may be used to overcome any failures to comply with the terms of the Bill.
For example, there are powers of ministerial direction to local authorities and to NHS trusts, which will be covered by the Bill. Registered homes would risk putting
their registration in jeopardy if they failed to comply with their clear and unambiguous statutory obligations not to employ people who were on the list. The public will demand this--as will we--from all those organisations covered by the Bill. We will not hesitate to use those powers, if that becomes necessary, to ensure that children are protected from dangerous and unsuitable people.
Mr. Hammond:
The Minister said that he would consider introducing criminal sanctions for organisations that did not comply with their obligations. Will that review extend to the creation of a criminal offence of applying for a position that one is not allowed to hold as a result of the Bill?
Mr. Hutton:
We are considering that proposal, but the hon. Gentleman will have to await the results of our deliberations.
Clauses 4 and 9 deal with appeals. Most hon. Members who have spoken in the debate have expressed concern about that issue, and the new provisions will significantly improve the protection against unfair or unreasonable inclusion on the list. They represent an enormous improvement on the existing scheme and strike the right balance between increasing protection from abuse--which is what the Bill clearly does--and respecting individual civil liberties. The Secretary of State will in future be required to exercise his functions within the clear framework of the Bill, subject to proper review in the tribunal and, ultimately, in the courts.
I understand the concerns that hon. Members have expressed about those aspects of the Bill. The Government's view is that the provisions will both improve protection and defend the civil liberties of the British people. We do not need to trade off one against the other. That is one of the many strengths of the Bill. However, the Government are persuaded that the provisions are necessary: strong powers must be accompanied by strong protections. Although we are all concerned about protecting children, we must also have regard to the position of individuals who face being placed on the lists and the serious consequences that they will face if listed. There is always a danger of false or malicious allegations, and people must be given every reasonable opportunity to clear their names. I believe that the Bill will provide those opportunities.
The tribunal will act entirely independently in making its decisions on individual appeals. The Secretary of State's responsibilities will be to provide staff and accommodation and pay expenses. The tribunal will also have the power to review completely afresh the full circumstances that led to listing. That will include a factual review of the allegations made and a review of whether the individual is unsuitable to work with children. The tribunal will not, however, be able to review any finding of fact on which a criminal conviction was based.
The Secretary of State will, quite rightly, be consulted in the appointment of lay panel members to ensure that the individuals have suitable education or social service experience. The regulations for the tribunal's proceedings will be made by the Secretary of State. The independent
Council on Tribunals will, however, be fully informed and consulted about any proposed regulations.
Finally, I should say something about bringing the measure into force. The relevant powers are in the final clause of the Bill and give considerable flexibility over timing. That is sensible and appropriate, and I hope that the House will be prepared to accept our intended approach.
We intend to be open and inclusive in consulting fully about all aspects of the Bill's implementation, as I am sure my hon. Friend the Member for Stourbridge would want. There is also the point that the Criminal Records Bureau has not yet been set up and it will not, therefore, be possible to introduce the one-stop shop--the central point of reference--until it has been.
If the Bill is passed, the Government will have to think hard about enforcing the provisions in clauses 1 to 3 before the tribunal is set up. Parallel regulations were made under the Education Reform Act 1988, and there would be subsidiary regulations under, for example, clauses 4(1)(b) and 12. In addition, careful and extensive administrative guidance would have to be prepared and issued simultaneously with the implementation of the necessary statutory instruments to make sure that everyone in the regulated and unregulated sectors understood what was expected.
Hon. Members will, I am sure, recognise the difficulties involved. There will be no unnecessary delay in implementing the Bill, but we shall make absolutely sure that all the preparatory work has been done thoroughly and all the machinery is in place before that happens.
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