Vote Bundle Text (900704-03)

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

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Transfer from Consultancy Service Index of individuals named in past inquiries

Mr John Hutton

NC29

To move the following Clause:—

'.—(1) Section 3 of the 1999 Act (inclusion in list on transfer from Consultancy Service Index) shall be amended as follows.

(2) In subsection (1), for "This section" there shall be substituted "Subsections (2) and (3) below".

(3) After subsection (3) there shall be inserted—

(a) a relevant inquiry has been held;

(b) the report of the person who held the inquiry names an individual who is or has been employed in a child care position;

(i) that the person who held the inquiry found that the individual was guilty of relevant misconduct; and

(ii) that the individual is unsuitable to work with children; and

(d) the individual is included in the Consultancy Service Index (otherwise than provisionally) immediately before the commencement of this section.

(5) The Secretary of State shall—

(a) invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b) below; and

(b) invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a) above.

(6) The Secretary of State shall include the individual in the list kept by him under section 1 if, after he has considered the report, any observations submitted to him and any other information which he considers relevant, he is of the opinion—

(a) that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and

(b) that the individual is unsuitable to work with children.

(7) In this section—

"relevant employer", in relation to an individual named in the report of a relevant inquiry, means the person who, at the time referred to in the definition of "relevant misconduct" below, employed the individual in a child care position;

"relevant inquiry" has the same meaning as in section 2B above"

"relevant misconduct" means misconduct which harmed a child or placed a child at risk of harm and was committed (whether or not in the course of his employment) at a time when the individual was employed in a child care position.".'.

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").'.

As Amendments to Mr David Hanson's proposed New Clause (NC33) (Children's Commissioner for Wales):

Mr Paul Burstow
Dr Peter Brand

(a)

Line 2, at end insert—

'( ) There shall be an office of the Children's Commissioner for England'.

Mr Paul Burstow
Dr Peter Brand

(b)

Line 3, leave out 'Commissioner for Wales' and insert 'Commissioners'.

Mr Paul Burstow
Dr Peter Brand

(c)

Line 4, leave out '(referred' and insert 'and the Children's Commissioner for England (both referred'.

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.'.

As Amendments to Mr David Hanson's proposed New Clause (NC34) (Review and monitoring of arrangements):

Mr Paul Burstow
Dr Peter Brand

(a)

Line 6, after 'in', insert 'England or'.

Mr Paul Burstow
Dr Peter Brand

(b)

Line 6, after 'by', insert 'the Secretary of State, or'.

Mr Paul Burstow
Dr Peter Brand

(c)

Line 10, after 'in', insert 'England or'.

Mr Paul Burstow
Dr Peter Brand

(d)