House of Commons Amendments
          
House of Commons
Session 2005-06
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Index of Amendments

Tuesday 11th July 2006

Standing Committee B


      New Amendments handed in are marked thus *

Safeguarding Vulnerable Groups Bill [Lords]


Note

The Amendments have been arranged in accordance with the Resolution of the Programming Sub-Committee [10th July 2006].


RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

       The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Monday 10th July (Standing Order No. 83C).

       That—

        (1) during proceedings on the Safeguarding Vulnerable Groups Bill [Lords], in addition to its first meeting at 10.30 a.m. on Tuesday 11th July, the Standing Committee shall meet at:

        (a) 4.00 p.m. on Tuesday 11th July,

        (b) 9.00 a.m. and 1.00 p.m. on Thursday 13th July;

        (2) the Bill be considered in the following order, namely, Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 5, Schedule 3, Clauses 6 to 25, Schedule 4, Clauses 26 to 47, Schedules 5 and 6, Clauses 48 to 51, new Clauses, new Schedules, remaining proceedings on the Bill;

        (3) proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 13th July.

       Mr Parmjit Dhanda has given notice of his intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

3

Clause 1, page 1, line 3, after ‘Independent’, insert ‘Monitoring and’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

90

Schedule 1, page 32, line 15, leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

5

Schedule 1, page 32, line 33, leave out sub-paragraph (3) and insert—

    ‘(3A) No fewer than half of the members of the IBB shall be relevant persons seconded from a local authority.

    (3B) For the purposes of this paragraph “relevant persons” means persons with skills in any aspect of child protection or the protection of vulnerable adults.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

6

Schedule 1, page 33, line 36, at end insert—

      ‘(d) establishing and maintaining a list of those who have applied to be monitored;

      (e) monitoring the quality of prescribed information supplied to the IBB from regulated activity providers and any persons who hold records of convictions or cautions for the use of police forces;

      (f) putting in place and regularly monitoring systems that maximise the accuracy of the monitored list and the barred list;

      (g) establishing and maintaining a secure on-line system for access to barred lists for employers.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

10

Schedule 1, page 33, line 36, at end insert—

      ‘(8B) IBB shall implement a comprehensive and ongoing communications programme to ensure that all groups affected by the vetting and barring scheme are informed of their rights and responsibilities under the law.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

7

Schedule 1, page 33, line 41, at end insert—

    ‘(3) The report shall contain information on the quality of information provided to the IBB from regulated activity providers and any person who holds the records of convictions or cautions for the use of police forces.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

8

Schedule 1, page 33, line 41, at end insert—

    ‘(3) The report shall be laid before Parliament for debate.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

9

Schedule 1, page 34, line 28, leave out sub-sub-paragraph (c).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

91

Schedule 1, page 34, line 29, leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

92

Schedule 1, page 34, line 33, leave out ‘thinks’ and insert ‘has reason to believe are’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

93

Schedule 1, page 34, line 38, leave out ‘thinks’ and insert ‘has reason to believe are’.


Annette Brooke
Sarah Teather

132

Clause 2, page 1, line 16, at end insert—

      ‘(6) IBB must provide a summary of the reasons for a decision to include an individual on one of the barred lists to an employer.’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

11

Schedule 2, page 35, line 11, leave out from ‘If’ to ‘that’ and insert ‘there is evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

121

Schedule 2, page 35, line 13, leave out sub-paragraph (3) and insert—

      ‘(3) Referrals made by the Secretary of State under this paragraph will be subject to scrutiny by IBB prior to automatic inclusion of an individual on the barred list.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

120

Schedule 2, page 35, line 14, at end insert—

    ‘1A (1) This paragraph applies to the decision-making process of IBB.

    (2) IBB must refer to a code of practice, to be issued by regulations, prior to including an individual on the barred list.

    (3) For the purpose of sub-paragraph (2), a code of practice is—

      (a) that which is issued by the Secretary of State by regulation, subject to the affirmative resolution procedure,

      (b) composed after consultation with senior representatives from—

(i) the police service; (ii) the probation service; (iii) the Child Protection Service; and (iv) the Crown Prosecution Service.’.

Annette Brooke
Sarah Teather

133

Schedule 2, page 35, line 14, at end insert—

    ‘1A (4) IBB cannot include a person under the age of 18 in the children’s barred list without the right to representations.

    (5) IBB must make a referral for therapeutic services, as specified in regulations, for a person under the age of 18 included on the children’s barred list after representations have been heard.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

12

Schedule 2, page 35, line 18, leave out from ‘If’ to ‘that’ and insert ‘there is evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

50

Schedule 2, page 35, line 21, leave out sub-paragraph (a).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

51

Schedule 2, page 35, line 23, at end insert—

      ‘(c) inform all relevant organisations that the person is under consideration for inclusion in the children’s barred list as a result of the referral.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

13

Schedule 2, page 35, line 24, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

14

Schedule 2, page 35, line 28, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

15

Schedule 2, page 35, line 33, leave out from ‘If’ to ‘that’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

29

Schedule 2, page 36, line 13, leave out ‘child’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

43

Schedule 2, page 36, line 27, at end add—

      ‘(5) In this paragraph—
      “harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another;
      “development” means physical, intellectual, emotional, social or behavioural development;
      “health” means physical or mental health; and
      “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

48

Schedule 2, page 36, line 27, at end insert—

    ‘(5) Any guidance issued under this paragraph must prior to implementation be approved by Parliament through regulations subject to the affirmative resolution procedure.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

18

Schedule 2, page 36, line 30, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

19

Schedule 2, page 36, line 34, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

42

Schedule 2, page 36, line 36, after ‘if’, insert ‘there are reasonable grounds to suspect that’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

44

Schedule 2, page 36, line 41, at end add—

      ‘(4A) In this paragraph—
      “harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another;
      “development” means physical, intellectual, emotional, social or behavioural development;
      “health” means physical or mental health; and
      “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

20

Schedule 2, page 37, line 6, leave out from ‘if’ to ‘that’ and insert ‘there is evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

122

Schedule 2, page 37, line 8, leave out sub-paragraph (3) and insert—

      ‘(3) Referrals made by the Secretary of State under this paragraph will be subject to scrutiny by IBB prior to automatic inclusion of an individual on the barred list.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

123

Schedule 2, page 37, line 9, at end insert—

    ‘6A (1) This paragraph applies to the decision-making process of the IBB.

    (2) IBB must refer to a code of practice, to be issued by regulations, prior to including an individual on the barred list.

    (3) For the purposes of sub-paragraph (2), a code of practice is—

      (a) that which is issued by the Secretary of State by regulation, subject to the affirmative resolution procedure,

      (b) composed after consultation with senior representatives from—

(i) the police service; (ii) the probation service; (iii) the Child Protection Service; and (iv) the Crown Prosecution Service.’.

Annette Brooke
Sarah Teather

134

Schedule 2, page 37, line 9, at end insert—

    ‘6A (1) IBB cannot include a person under the age of 18 in the adults’ barred list without the right to representations.

    (2) IBB must make a referral for therapeutic services, as specified in regulations, for a person under the age of 18 included on the adults’ barred list after representations have been heard.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

21

Schedule 2, page 37, line 13, leave out from ‘If’ to ‘that’ and insert ‘there is evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

52

Schedule 2, page 37, line 16, leave out sub-sub-paragraph (a).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

53

Schedule 2, page 37, line 18, at end insert—

      ‘(c) inform all relevant organisations that the person is under consideration for inclusion in the adults’ barred list as a result of the referral.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

22

Schedule 2, page 37, line 19, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

23

Schedule 2, page 37, line 23, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

24

Schedule 2, page 37, line 28, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

25

Schedule 2, page 37, line 36, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

26

Schedule 2, page 37, line 38, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

49

Schedule 2, page 38, line 9, at end insert—

    ‘(5) Any guidance issued under sub-paragraph (4) must prior to implementation be approved by Parliament through regulations subject to the affirmative resolution procedure.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

27

Schedule 2, page 38, line 12, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

28

Schedule 2, page 38, line 16, leave out ‘it appears to IBB’ and insert ‘IBB has evidence’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

46

Schedule 2, page 38, line 18, after ‘if’, insert ‘there are reasonable grounds to suspect that’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

45

Schedule 2, page 38, line 23, at end insert—

      ‘(4A) In this paragraph—
      “harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another;
      “development” means physical, intellectual, emotional, social or behavioural development;
      “health” means physical or mental health; and
      “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

116

Schedule 2, page 38, line 27, leave out sub-paragraph (1) and insert—

      ‘(1) IBB must ensure that, on receipt of any information in relation to an individual from whatever source or of whatever nature, it considers whether the individual should be included in both barred lists, in one barred list, or in neither barred list.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

54

Schedule 2, page 38, line 31, leave out sub-paragraph (2).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

30

Schedule 2, page 38, line 36, leave out ‘may’ and insert ‘shall’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

31

Schedule 2, page 38, line 36, after ‘regulations’, insert ‘subject to the affirmative resolution procedure’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

109

Schedule 2, page 38, line 40, at end insert—

    ‘13A (6) The Secretary of State shall by regulations, subject to the affirmative resolution procedure, make provision as to—

        (a) the procedure to be followed for the purposes of removing any person from the children’s barred list or the adult’s barred list; and

        (b) the procedure to be followed for the purposes of referring information or individuals to the IBB.

    (7) Such provision may include provision as to the time within which anything is to be done.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

94

Schedule 2, page 39, line 40, leave out ‘thinks’ and insert ‘has reason to believe’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

95

Schedule 2, page 40, line 10, leave out ‘thinks’ and insert ‘has reason to believe’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

55

Schedule 2, page 40, line 28, at end insert—

    ‘(7) The duration of the minimum barred period for adults shall be determined through regulations approved by Parliament, subject to the affirmative resolution procedure.

    (8) The duration of the minimum barred period for those under 18 shall be determined through regulations approved by Parliament, subject to the affirmative resolution procedure.’.

Annette Brooke
Sarah Teather

111

Schedule 2, page 40, line 28, at end insert—

    ‘16A (1) If IBB refuses to place a person on a barred list following a referral, the organisation or individual who made the referral may ask for an internal review of the decision by IBB.

    (2) IBB shall establish procedures for internal reviews established under this paragraph.

    (3) No IBB employee involved with the original decision shall take part in a related internal review held under this paragraph.

    (4) Any decision reached by an internal review shall be final.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

96

Schedule 2, page 40, line 45, leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

97

Schedule 2, page 41, line 2, leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

98

Schedule 2, page 41, line 5, leave out ‘thinks’ and insert ‘has reason to believe’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

99

Schedule 2, page 41, line 9, leave out ‘thinks’ and insert ‘has reason to believe’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

100

Schedule 2, page 41, line 34, leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

101

Schedule 2, page 41, line 46, leave out ‘thinks’ and insert ‘has reason to suspect’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

119

Clause 5, page 3, line 11, leave out ‘order’ and insert ‘regulation, subject to the affirmative resolution procedure,’.


Annette Brooke
Sarah Teather
Mrs Maria Miller
Tim Loughton

112

Schedule 3, page 42, line 33, leave out sub-paragraph (b).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

125

Schedule 3, page 42, line 38, leave out sub-paragraph (a).

Mr Parmjit Dhanda

178

Schedule 3, page 43, line 7, leave out from ‘children’ to the end of line 8.

Mr Parmjit Dhanda

179

Schedule 3, page 43, line 23, at end insert—

    ‘(5A) Each of the following, if carried out in Wales, is a regulated activity relating to children—

      (a) acting as a child minder so as to give rise to a requirement to register under section 79D of the Children Act 1989;

      (b) an activity which would give rise to such a requirement if the child in relation to whom the activity is carried out were under the age of eight.

    (5B) For the purposes of sub-paragraph (5A), “acting as a child minder” must be construed in accordance with section 79A of that Act.’.

 
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Prepared: 11 July 2006