sc1941107.274-280

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.  Standing Committee Proceedings: 11th July 2006
274

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Not called  52

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

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not selected  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

Not called  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

Not called  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

Not called  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

Not called  25

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

evidence’.

S.C.B.  Standing Committee Proceedings: 11th July 2006
275

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Not called  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

Not called  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

Not called  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

Not called  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

Not called  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

S.C.B.  Standing Committee Proceedings: 11th July 2006
276

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

Withdrawn  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

Not called  54

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

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Withdrawn  30

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

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Not called  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.’.

S.C.B.  Standing Committee Proceedings: 11th July 2006
277

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Not called  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

Not called  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

Not called  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

Not called  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

Not called  97

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

S.C.B.  Standing Committee Proceedings: 11th July 2006
278

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  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

Not called  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

Not called  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

Not called  101

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

Schedule Agreed to.

Clause 3 Agreed to.

Clause 4 Agreed to.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  119

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

affirmative resolution procedure,’.

Clause Agreed to.

S.C.B.  Standing Committee Proceedings: 11th July 2006
279

Safeguarding Vulnerable Groups Bill–[ [], continued

Annette Brooke

Sarah Teather

Mrs Maria Miller

Tim Loughton

Negatived on division  112

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

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  125

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

Mr Parmjit Dhanda

Agreed to  178

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

Mr Parmjit Dhanda

Agreed to  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.’.

Mr Parmjit Dhanda

Agreed to  180

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

  ‘(5C)
The exercise of any function of the following is a regulated activity relating to

children—

(a)
officer of the Children and Family Court Advisory and Support

Service;

(b)
Welsh family proceedings officer (within the meaning of Part 4 of the

Children Act 2004).’.

Mr Parmjit Dhanda

Agreed to  181

Schedule  3,  page  44,  line  6,  after ‘(3),’ insert ‘(5C),’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Withdrawn  117

Schedule  3,  page  44,  line  31,  leave out sub-paragraph (a).

S.C.B.  Standing Committee Proceedings: 11th July 2006
280

Safeguarding Vulnerable Groups Bill–[ [], continued

Mr Parmjit Dhanda

Agreed to  182

Schedule  3,  page  45,  line  45,  at end insert—

‘(ma)
a deputy appointed in respect of a child under section 16(2)(b) of the

Mental Capacity Act 2005;’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  118

Schedule  3,  page  46,  line  3,  leave out sub-paragraph (b).

Mr Parmjit Dhanda

Agreed to  183

Schedule  3,  page  46,  line  17,  at end insert—

    ‘( )
For the purposes of sub-paragraph (1)(k), a person is the operator of a database

if he—

(a)
establishes or maintains the database, or

(b)
otherwise, exercises any function in relation to the management or

control of the database.’.

Mr Parmjit Dhanda

Agreed to  184

Schedule  3,  page  46,  line  31,  at end insert—

‘
A person who is part of a group in relation to which another (P) engages in

regulated activity relating to children does not engage in regulated activity

only because he assists P or does anything on behalf of or under the direction

of P which, but for this paragraph, would amount to engaging in regulated

activity relating to children.’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  126

Schedule  3,  page  46,  line  34,  leave out from ‘adults’ to end of line 35.

Mrs Madeleine Moon

Withdrawn  129

Schedule  3,  page  47,  line  11,  at end insert ‘or any other establishment which is

exclusively or mainly for people who are entitled to community care services.’.

Mrs Madeleine Moon

Not called  130

Schedule  3,  page  47,  line  13,  after ‘adults’, insert ‘or any other establishment

which is exclusively or mainly for people who are entitled to community care services.’.