| Safeguarding Vulnerable Groups Bill [Lords] - continued | House of Commons |
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Mrs Maria Miller
77 Clause 31, page 20, line 5, leave out ‘think’ and insert ‘has reason to suspect’. Mrs Maria Miller
36 Clause 31, page 20, line 11, after ‘is’, insert ‘that there are reasonable grounds to suspect’. Mrs Maria Miller
78 Clause 31, page 20, line 17, leave out ‘think’ and insert ‘believes’. Mrs Maria Miller
79 Clause 31, page 20, line 27, leave out ‘think’ and insert ‘has reason to suspect’. Mr Parmjit Dhanda
167 Clause 31, page 20, line 30, at end insert— ‘( ) For the purposes of subsection (2)(b) or (6)(a), conduct is inappropriate if it appears to the local authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.’. Mrs Maria Miller
37 Clause 31, page 20, line 32, at end add— ‘(8) In this section— Mrs Maria Miller
80 Clause 32, page 20, line 37, leave out ‘thinks’ and insert ‘believes’. Mrs Maria Miller
81 Clause 33, page 21, line 6, leave out ‘thinks’ and insert ‘has reason to suspect’. Mrs Maria Miller
38 Clause 33, page 21, line 12, after ‘is’, insert ‘that there are reasonable grounds to suspect’. Mrs Maria Miller
82 Clause 33, page 21, line 18, leave out ‘thinks’ and insert ‘has reason to suspect’. Mrs Maria Miller
83 Clause 33, page 21, line 28, leave out ‘thinks’ and insert ‘has reason to suspect’. Mr Parmjit Dhanda 168 Clause 33, page 21, line 31, at end insert— ‘( ) For the purposes of subsection (2)(b) or (6)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.’. Mrs Maria Miller
39 Clause 33, page 21, line 33, at end add— ‘(8) In this section— Mrs Maria Miller
84 Clause 35, page 22, line 4, leave out ‘thinks’ and insert ‘has reason to suspect’. Mrs Maria Miller
85 Clause 35, page 22, line 17, leave out ‘thinks’ and insert ‘has reason to suspect’. Mrs Maria Miller
194 Clause 35, page 23, line 35, leave out subsection (7) and insert— ‘(7) A person is subject to a relevant disqualification if— (a) he is included in a list maintained under the law of Scotland, Northern Ireland, or any other country or territory which the Secretary of State specifies by order, approved by resolution of both Houses of Parliament, as corresponding to a barred list; or (b) he has been charged or convicted of a criminal offence in a country other than the United Kingdom which, if committed in the United Kingdom, would have led to him being barred or considered for barring.’. Mrs Maria Miller
195 Clause 35, page 23, line 37, at end insert— ‘(7A) A person is subject to a relevant disqualification if he is included in a list maintained under the law of a country or territory outside the United Kingdom which the Secretary of State specifies by order, approved by a resolution of both Houses of Parliament, as corresponding to a barred list.’. Mrs Maria Miller
86 Clause 36, page 24, line 7, leave out ‘thinks’ and insert ‘has reason to suspect’. Mrs Maria Miller
40 Clause 36, page 24, line 14, after ‘is’, insert ‘that there are reasonable grounds to suspect’. Mrs Maria Miller
87 Clause 36, page 24, line 20, leave out ‘thinks’ and insert ‘has reason to suspect’. Mrs Maria Miller
88 Clause 36, page 24, line 28, leave out ‘thinks’ and insert ‘has reason to suspect’. Mr Parmjit Dhanda 169 Clause 36, page 24, line 31, at end insert— ‘( ) Subsection (1) does not apply if the supervisory authority is satisfied that IBB already has the information.’. Mrs Maria Miller
41 Clause 36, page 25, line 5, at end add— ‘(9) In this section— Mr Parmjit Dhanda 170 Clause 36, page 25, line 5, at end insert— ‘( ) For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the supervisory authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.’. Mrs Maria Miller
89 Clause 37, page 25, line 9, leave out ‘thinks’ and insert ‘has reason to suspect’. Mr Parmjit Dhanda 171 Clause 39, page 25, line 36, at end insert— ‘( ) The Secretary of State may provide that in prescribed circumstances the following paragraphs apply in place of section 11(9)(a) and (b)— “(a) in the prescribed period he obtains the information in the prescribed manner, and (b) in that period he takes the prescribed steps to have an enhanced criminal record certificate relating to the individual issued in relation to him under section 113B of the Police Act 1997.” ( ) The Secretary of State may provide that in prescribed circumstances the following paragraphs apply in place of section 13(3)(a) and (b)— “(a) in the prescribed period he obtains the relevant information (within the meaning of Schedule 4) relating to B in the prescribed manner, and (b) in that period he takes the prescribed steps to have an enhanced criminal record certificate relating to B issued in relation to the personnel supplier under section 113B of the Police Act 1997.”’. Mrs Maria Miller
4 Clause 42, page 26, line 19, at end insert— ‘(1A) Subsection (1) shall not apply if it can be proven that there is an error on the barred list.’. Mr Parmjit Dhanda 172 Clause 43, page 26, line 40, at end insert— ‘( ) This section does not apply to— (a) the appointment of a person as a deputy under section 16(2)(b) of the Mental Capacity Act 2005; (b) the appointment of a person to any position mentioned in paragraph (a), (b) or (f) of section 44(10) or to exercise any function mentioned in that paragraph; (c) anything done by a person appointed as mentioned in paragraph (a) or (b) above.’. Mr Parmjit Dhanda 173 Clause 44, page 28, line 16, at end insert ‘in receipt of residential accommodation pursuant to arrangements made under section 21(1)(aa) of the National Assistance Act 1948 or care pursuant to paragraph 1 of Schedule 8 to the National Health Service Act 1977’. Mrs Maria Miller
57 Clause 44, page 28, line 16, leave out paragraph (d). Mr Parmjit Dhanda 174 Clause 44, page 28, line 35, leave out from ‘section’ to the first ‘are’ in line 36 and insert ‘248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006)’. Mr Parmjit Dhanda 175 Clause 46, page 29, line 30, at end insert— ‘( ) by order under section 14(3B)(b),’. Mr Parmjit Dhanda 176 Clause 46, page 29, line 30, at end insert— ‘( ) by order under section 18(8), ( ) in regulations under section 19(4)(f),’. Mr Parmjit Dhanda 177 Clause 51, page 30, line 29, leave out subsection (2). New ClauseS Information sharing protocol Annette Brooke
NC1 To move the following Clause:— The Secretary of State shall issue guidance on information sharing arrangements between police forces and local authorities for the purposes of the protection of children and vulnerable adults under this Act.’. Power of other organisations to refer to IBB Annette Brooke
NC2 To move the following Clause:— ‘(1) Any organisation may provide IBB with any prescribed information they hold relating to a person if the first and second conditions are satisfied. (2) The first condition is that the organisation thinks— (a) that paragraph (1), (2), (6) or (7) of Schedule 2 applies to the person, (b) that the person has engaged in relevant conduct (within the meaning of paragraph (4) or (9) of Schedule 2) occurring after the commencement of this section, or (c) that the harm test is satisfied. (3) The harm test is that the person may— (a) harm a child or vulnerable adult, (b) cause a child or vulnerable adult to be harmed, (c) put a child or vulnerable adult at risk of harm, (d) attempt to harm a child or vulnerable adult, or (e) incite another to harm a child or vulnerable adult. (4) The second condition is that the organisation thinks— (a) that the person is engaged or may engage in regulated activity or controlled activity, and (b) (except in a case where paragraph (1), (2), (6) or (7) of Schedule 2 applies) that IBB may consider it appropriate for the person to be included in a barred list. (5) For the purposes of paragraphs (2)(b) or (c), it is immaterial whether there is a finding of fact in any proceedings. (6) An organisation may provide IBB with any prescribed information they hold relating to a person if— (a) an orgaisation thinks that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 9 of Schedule 2) occurring before the commencement of this section, and (b) the condition in subsection (4) is satisfied.’. Other organisations: duty to provide information on request Annette Brooke
NC3 To move the following Clause:— ‘(1) This section applies if IBB is considering— (a) whether to include any person in a barred list; or (b) whether to remove any person from a barred list. (2) If IBB thinks that an organisation holds any prescribed information relating to the person specified in subsection (1), it may require the authority to provide it with the information. (3) The organisation must comply with a requirement under subsection (2).’. Definition of “occasional basis” Mrs Maria Miller
NC4 To move the following Clause:— ‘(1) For the purposes of subsections 8(9), 10(4) and 11(5), an employer must produce a statement defining “occasional basis” for which monitoring is not necessary in relation to that particular establishment. (2) Any statement produced under this section shall take account of guidance issued by the Secretary of State.’. ORDER OF THE HOUSE [19TH JUNE 2006] That the following provisions shall apply to the Safeguarding Vulnerable Groups Bill [Lords]: Committal 1. The Bill shall be committed to a Standing Committee. Proceedings in Standing Committee 2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13th July. 3. The Standing Committee shall have leave to sit twice on the first day on which it meets. Consideration and Third Reading 4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced. 5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day. 6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading. Other proceedings 7. Any other proceedings on the Bill (including any proceedings on consideration of any Message from the Lords) may be programmed. ORDER OF THE COMMITTEE [11TH JULY 2006] 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. |
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| © Parliamentary copyright 2006 | Prepared: 13 July 2006 |