sc1941107.267-273

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.
267

House of Commons

Tuesday 11th July 2006

Standing Committee Proceedings

Standing Committee B

Safeguarding Vulnerable Groups Bill [Lords]

[FIRST and SECOND Sittings]

Mr Parmjit Dhanda

Agreed to

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.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Withdrawn  3

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

Clause Agreed to.

S.C.B.  Standing Committee Proceedings: 11th July 2006
268

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Withdrawn  90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

Not called  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

Not called  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

Not called  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

Not called  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.’.

S.C.B.  Standing Committee Proceedings: 11th July 2006
269

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Not called  9

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

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  91

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

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Not called  93

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

are’.

Schedule Agreed to.

Annette Brooke

Sarah Teather

Not selected  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.’.

Clause Agreed to.

S.C.B.  Standing Committee Proceedings: 11th July 2006
270

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Withdrawn  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

Not called  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

Not called  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

Not called  12

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

evidence’.

S.C.B.  Standing Committee Proceedings: 11th July 2006
271

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Withdrawn  50

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

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not selected  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

Not called  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

Not called  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

Not called  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

Withdrawn  29

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

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Withdrawn  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

S.C.B.  Standing Committee Proceedings: 11th July 2006
272

Safeguarding Vulnerable Groups Bill–[ [], continued

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

Not called  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

Not called  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

Not called  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

Not called  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

Not called  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

S.C.B.  Standing Committee Proceedings: 11th July 2006
273

Safeguarding Vulnerable Groups Bill–[ [], continued

“ill-treatment” includes sexual abuse and forms of ill-treatment which are not

physical.’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Not called  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

Not called  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

Not called  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.’.