sc1941307.290-296

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.B.  Standing Committee Proceedings: 13th July 2006
290

Safeguarding Vulnerable Groups Bill–[ [], continued

Clause, as amended, Agreed to.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Withdrawn  115

Clause  20,  page  13,  line  2,  leave out ‘may issue guidance’ and insert ‘shall by

regulation, subject to the affirmative resolution procedure, make provision’.

Mrs Madeleine Moon

Not called  131

Clause  20,  page  13,  line  4,  at end insert—

‘(1A)
Guidance issued under subsection (1) shall include a description of how an

employer deciding to employ a barred person to undertake controlled activity will

be required to demonstrate that they have considered the following—

(a)
the level of access to children or vulnerable adults afforded by the post;

(b)
what other information they had about an individual, including any

summary of the reasons for a barring decision;

(c)
what safeguards they have put in place in order to minimise the risk of

harm; and

(d)
how they will review the risk posed by the employment.’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  108

Clause  20,  page  13,  line  5,  leave out ‘have regard to’ and insert ‘act in accordance

with any’.

Clause Agreed to.

Mr Parmjit Dhanda

Agreed to  162

Clause  21,  page  13,  line  36,  leave out ‘identification’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  62

Clause  21,  page  13,  line  42,  leave out ‘thinks’ and insert ‘believes’.

S.C.B.  Standing Committee Proceedings: 13th July 2006
291

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  63

Clause  21,  page  14,  line  2,  leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  64

Clause  21,  page  14,  line  5,  leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  65

Clause  21,  page  14,  line  6,  leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  66

Clause  21,  page  14,  line  13,  leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  67

Clause  21,  page  14,  line  17,  leave out ‘thinks’ and insert ‘believes’.

Mr Parmjit Dhanda

Agreed to  163

Clause  21,  page  14,  line  26,  leave out ‘If the prescribed identification’ and insert

‘The prescribed requirements may include requirements as to the manner in which the

applicant must prove his identity (identification requirements); and if such’.

Mr Parmjit Dhanda

Agreed to  164

Clause  21,  page  14,  line  31,  leave out ‘prescribed’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  68

Clause  21,  page  14,  line  32,  leave out ‘thinks’ and insert ‘believes’.

Clause, as amended, Agreed to.

S.C.B.  Standing Committee Proceedings: 13th July 2006
292

Safeguarding Vulnerable Groups Bill–[ [], continued

Clause 22 Agreed to.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  69

Clause  23,  page  15,  line  39,  leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  70

Clause  23,  page  15,  line  41,  leave out ‘thinks’ and insert ‘believes’.

Clause Agreed to.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  71

Clause  24,  page  16,  line  7,  leave out ‘thinks’ and insert ‘has reason to suspect’.

Clause Agreed to.

Clause 25 Agreed to.

Mr Parmjit Dhanda

Agreed to  187

Schedule  4,  page  49,  line  32,  after ‘information’ insert ‘relating to children and

relevant information’.

Mr Parmjit Dhanda

Agreed to  188

Schedule  4,  page  49,  line  37,  at end insert—

S.C.B.  Standing Committee Proceedings: 13th July 2006
293

Safeguarding Vulnerable Groups Bill–[ [], continued

‘Person who is considering whether to
Relevant information relating to

permit B to engage frequently in an
children’.

activity in respect of which financial

resources are provided pursuant to

section 5(1) of the Learning and Skills

Act 2000, if engaging in the activity

gives B the opportunity to have contact

with children

Mr Parmjit Dhanda

Agreed to  189

Schedule  4,  page  50,  line  10,  leave out ‘the first and second entries’ and insert

‘entries 1, 2, 5 and 6’.

Mr Parmjit Dhanda

Agreed to  190

Schedule  4,  page  50,  line  11,  after ‘if’ insert ‘—

( )
’.

Mr Parmjit Dhanda

Agreed to  191

Schedule  4,  page  50,  line  12,  at end insert ‘or

( )
it were not merely incidental to another activity.’.

Mr Parmjit Dhanda

Agreed to  192

Schedule  4,  page  50,  line  12,  at end insert—

    ‘( )
In entries 3, 4, 7 and 8 in the table the reference to controlled activity includes

a reference to an activity which would be a controlled activity if it were carried

out frequently.’.

Mr Parmjit Dhanda

Agreed to  193

Schedule  4,  page  50,  line  35,  at end insert—

‘
Regulations may make provision requiring a local authority which makes or

proposes to make payments to or on behalf of a person in accordance with

regulations under section 17A of the Children Act 1989 or section 57 of the

Health and Social Care Act 2001 to inform the person of his right to obtain

relevant information in pursuance of this Schedule.’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  102

Schedule  4,  page  50,  line  40,  leave out ‘thinks’ and insert ‘has reason to believe’.

S.C.B.  Standing Committee Proceedings: 13th July 2006
294

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  103

Schedule  4,  page  50,  line  44,  leave out ‘thinks’ and insert ‘has reason to believe’.

Schedule, as amended, Agreed to.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  72

Clause  26,  page  16,  line  24,  leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  73

Clause  26,  page  16,  line  33,  leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  74

Clause  26,  page  16,  line  39,  leave out ‘thinks’ and insert ‘believes’.

Clause Agreed to.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  75

Clause  27,  page  17,  line  34,  leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  32

Clause  27,  page  17,  line  39,  after ‘is’, insert ‘that there are reasonable grounds to

suspect’.

S.C.B.  Standing Committee Proceedings: 13th July 2006
295

Safeguarding Vulnerable Groups Bill–[ [], continued

Mr Parmjit Dhanda

Agreed to  165

Clause  27,  page  17,  line  44,  at end insert—

‘( )
For the purposes of subsection (3)(b), conduct is inappropriate if it appears to the

person to whom subsection (2) applies 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

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  33

Clause  27,  page  18,  line  4,  at end add—

‘(7)
In this section—

“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.’.

Clause, as amended, Agreed to.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  76

Clause  28,  page  18,  line  30,  leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  34

Clause  28,  page  18,  line  35,  after ‘is’, insert ‘that there are reasonable grounds to

suspect’.

Mr Parmjit Dhanda

Agreed to  166

Clause  28,  page  18,  line  40,  at end insert—

‘( )
For the purposes of subsection (4)(b), conduct is inappropriate if it appears to the

personnel supplier to be inappropriate having regard to the guidance issued by the

Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.’.

S.C.B.  Standing Committee Proceedings: 13th July 2006
296

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  35

Clause  28,  page  19,  line  4,  at end add—

‘(10)
In this section—

“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.’.

Clause, as amended, Agreed to.

Clause 29 Agreed to.

Clause 30 Agreed to.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  77

Clause  31,  page  20,  line  5,  leave out ‘think’ and insert ‘has reason to suspect’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  36

Clause  31,  page  20,  line  11,  after ‘is’, insert ‘that there are reasonable grounds to

suspect’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  78

Clause  31,  page  20,  line  17,  leave out ‘think’ and insert ‘believes’.

Mrs Maria Miller

Tim Loughton

Anne Main

Mr Rob Wilson

Not called  79

Clause  31,  page  20,  line  27,  leave out ‘think’ and insert ‘has reason to suspect’.