Vote Bundle Text (900627-05)

Amendments proposed to the Care Standards Bill [Lords] - continued	House of Commons

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Temporary provision for access to lists

Mr John Hutton

NC30

To move the following Clause:—

'.—(1) Any person seeking to ascertain whether a relevant individual is included in—

(a) the list kept under section 1 of the 1999 Act;

(b) the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988; or

(c) any list kept by the Secretary of State or the Assembly of persons disqualified under section 470 or 471 of the Education Act 1996,

shall be entitled to that information on making, before the relevant commencement, an application for the purpose to the Secretary of State.

(2) In this section "relevant individual" means—

(a) in relation to a person who carries on an employment agency, an individual with whom he proposes to do business or an individual of any other prescribed description;

(b) in relation to any other person, an individual to whom he proposes to offer, or whom he proposes to supply for employment in, a child care position or an individual of any other prescribed description.

(3) The relevant commencement is—

(a) for applications relating to the list mentioned in subsection (1)(a) or (b), the commencement of section 8 of the 1999 Act; and

(b) for applications relating to the list mentioned in subsection (1)(c), the commencement of section 84.

(4) Paragraphs (b) and (c) of subsection (1) are without prejudice to any right conferred otherwise than by virtue of those provisions.'.

Suitability to adopt a child: searches of lists

Mr John Hutton

NC31

To move the following Clause:—

'. In section 113(3A) of the Police Act 1997, after "(3B)," there shall be inserted "or his suitability to adopt a child,".'.

Power to extend Part VI

Mr John Hutton

NC32

To move the following Clause:—

'.—(1) The Secretary of State may by regulations—

(a) add to the list in section 69(7) any prescribed persons to whom subsection (2) applies;

(b) amend the definitions of "care worker", "care position" and "vulnerable adult" accordingly.

(2) This subsection applies to—

(a) local authorities providing services to adults in the exercise of their social services functions;

(b) persons who provide to adults services which are similar to services which—

(i) may or must be so provided by local authorities; or

(ii) may or must be provided by National Health Service bodies.

(3) In its application by virtue of subsection (1), this Part shall have effect—

(a) if the regulations so provide, as if "may" were substituted for "shall" in sections 71(1) and 72(1), and section 76 were omitted;

(b) with such other modifications as may be specified in the regulations.'.

Children's Commissioner for Wales

Mr David Hanson

NC33

*To move the following Clause:—

'.—(1) There shall be an office of the Children's Commissioner for Wales or Comisiynydd Plant Cymru.

(2) Schedule (The Children's Commissioner for Wales) shall have effect with respect to the Children's Commissioner for Wales (referred to in this Act as "the Commissioner").'.

Review and monitoring of arrangements

Mr David Hanson

NC34

*To move the following Clause:—

'.—(1) The Commissioner may review, and monitor the operation of, arrangements falling within subsection (2), (3) or (4) for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the rights and welfare of children to whom this Part applies.

(2) The arrangements falling within this subsection are the arrangements made by the providers of regulated children's services in Wales, or by the Assembly, for dealing with complaints or representations in respect of such services made by or on behalf of children to whom this Part applies.

(3) The arrangements falling within this subsection are arrangements made by the providers of regulated children's services in Wales, or by the Assembly, for ensuring that proper action is taken in response to any disclosure of information which may tend to show—

(a) that a criminal offence has been committed;

(b) that a person has failed to comply with any legal obligation to which he is subject;

(d) that information tending to show that any matter falling within one of the preceding paragraphs has been deliberately concealed,

in the course of or in connection with the provision of such services.

(4) The arrangements falling within this subsection are arrangements made (whether by providers of regulated children's services in Wales, by the Assembly or by any other person) for making persons available—

(a) to represent the views and wishes of children to whom this Part applies; or

(b) to provide such children with advice and support of any prescribed kind.

(5) Regulations may confer power on the Commissioner to require prescribed persons to provide any information which the Commissioner considers it necessary or expedient to have for the purposes of his functions under this section.'.

Examination of cases

Mr David Hanson

NC35

*To move the following Clause:—

'.—(1) Regulations may make provision for the examination by the Commissioner of the cases of particular children to whom this Part applies.

(2) The regulations may include provision about—

(a) the types of case which may be examined;

(b) the circumstances in which an examination may be made;

(d) the publication of reports following an examination.

(3) The regulations may make provision for—

(a) requiring persons to provide the Commissioner with information; or

(b) requiring persons who hold or are accountable for information to provide the Commissioner with explanations or other assistance,

for the purposes of an examination or for the purposes of determining whether any recommendation made in a report following an examination has been complied with.

(4) For the purposes mentioned in subsection (3), the Commissioner shall have the same powers as the High Court in respect of—

(a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad); and

(b) the provision of information.

(5) No person shall be compelled for the purposes mentioned in subsection (3) to give any evidence or provide any information which he could not be compelled to give or provide in civil proceedings before the High Court.

(6) The regulations may make provision for the payment by the Commissioner of sums in respect of expenses or allowances to persons who attend or provide information for the purposes mentioned in subsection (3)'.

Obstruction etc.

Mr David Hanson

NC36

*To move the following Clause:—

'.—(1) The Commissioner may certify an offence to the High Court where—

Review and monitoring of arrangements

Examination of cases

(2) Where an offence is so certified the High Court may inquire into the matter; and after hearing—

(a) any witnesses who may be produced against or on behalf of the person charged with the offence; and

(b) any statement that may be offered in defence,

the High Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the same offence in relation to the High Court.'.

Further functions

Mr David Hanson

NC37

*To move the following Clause:—

'.—(1) Regulations may confer power on the Commissioner to assist a child to whom this Part applies—

(a) in making a complaint or representation to or in respect of a provider of regulated children's services in Wales; or

(b) in any prescribed proceedings,

and in this subsection "proceedings" includes a procedure of any kind and any prospective proceedings.

(2) For the purposes of subsection (1), assistance includes—

(a) financial assistance; and

(b) arranging for representation, or the giving of advice or assistance, by any person,

and the regulations may provide for assistance to be given on conditions, including (in the case of financial assistance) conditions requiring repayment in circumstances specified in the regulations.

(3) The Commissioner may, in connection with his functions under this Part, give advice and information to any person.

(4) Regulations may, in connection with the Commissioner's functions under this Part, confer further functions on him.

(5) The regulations may, in particular, include provision about the making of reports on any matter connected with any of his functions.

(6) Apart from identifying any person investigated, a report by the Commissioner shall not—

(a) mention the name of any person, or

(b) include any particulars which, in the opinion of the Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Commissioner considers it necessary for the report to mention his name or include such particulars.

(7) For the purposes of the law of defamation, the publication of any matter by the Commissioner in a report is absolutely privileged'.