House of Commons - Amendments
Safeguarding Vulnerable Groups Bill [Lords], As Amended - continued          House of Commons

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Secretary Alan Johnson

85

Page 26, line 3 [Clause 36], at end insert—

        ‘( ) the National Assembly for Wales in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32);’.

Secretary Alan Johnson

86

Page 26, line 10 [Clause 36], at end insert—

        ‘( ) the Public Guardian in the exercise of his functions;’.

Secretary Alan Johnson

87

Page 26, line 14 [Clause 36], at end insert—

        ‘( ) the Charity Commissioners for England and Wales in the exercise of their functions;’.

Secretary Alan Johnson

88

Page 26, line 33 [Clause 37], leave out subsection (4).

Secretary Alan Johnson

89

Page 26, line 37 [Clause 38], leave out paragraphs (a) and (b) and insert ‘has information that it thinks is relevant to a supervisory authority’.


Secretary Alan Johnson

90

Page 27, line 2 [Clause 38], at end insert ‘or information that any of the events mentioned in section (supervisory authorities: notification of barring &c in respect of children)(1)(a), (b) and (c) or (supervisory authorities: notification of barring &c in respect of vulnerable adults)(1)(a), (b) and (c) has occurred in relation to a person’.

Secretary Alan Johnson

91

Page 27, line 3 [Clause 38], leave out subsection (4).

Secretary Alan Johnson

236

Page 27, line 6, leave out Clause 39.

Secretary Alan Johnson

237

Page 27, line 26, leave out Clause 40.


Secretary Alan Johnson

92

Page 28, line 29 [Clause 43], at end insert—

      ‘( ) The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—

        (a) carried out in the course of a family relationship;

        (b) carried out in the course of a personal relationship.’.

Secretary Alan Johnson

93

Page 28, line 30 [Clause 43], leave out subsection (6).


Secretary Alan Johnson

94

Page 31, line 6 [Clause 45], leave out ‘have the same meaning as in’ and insert ‘must be construed in accordance with’.

Annette Brooke
Sarah Teather

249

* Page 31, line 7 [Clause 45], at end insert ‘“harm” has the same meaning as in section 31(9) of the Children Act 1989 (c. 41) but shall also include financial harm.’.

Secretary Alan Johnson

95

Page 31, line 16 [Clause 45], at end insert—

      ‘“supervisory authority” must be construed in accordance with section 36(7).’.

Secretary Alan Johnson

96

Page 31, line 21 [Clause 45], at end insert—

      ‘( ) Nothing in this Act affects any power to provide information that exists apart from this Act.’.

Secretary Alan Johnson

97

Page 31, line 32 [Clause 46], at end insert—

        ‘( ) by order under section (Devolution: alignment)(1) if it contains provision amending this Act or confers power to make subordinate legislation,’.

Secretary Alan Johnson

238

Page 31, line 32 [Clause 46], at end insert—

        ‘( ) in regulations under section (Controlled activity: regulations),’.

Secretary Alan Johnson

98

Page 31, line 33 [Clause 46], after ‘48(2)’ insert—

        ‘(ea) by order under paragraph 5A or 10A of Schedule 2,’.

Secretary Alan Johnson

99

Page 31, line 33 [Clause 46], leave out ‘by order’.

Annette Brooke
Sarah Teather

251

* Page 31, line 34 [Schedule 2], leave out paragraph (f).


Secretary Alan Johnson

100

Page 32 [Clause 48], leave out line 3 and insert at end insert—

      ‘(1) Power to make subordinate legislation under this Act includes power to make—’.

Secretary Alan Johnson

101

Page 32 [Clause 48], leave out lines 6 to 8 and insert ‘as the person making the subordinate legislation thinks necessary or expedient’.

Secretary Alan Johnson

102

Page 32, line 9 [Clause 48], at beginning insert—

      ‘(1A) The Secretary of State may by order may make such further provision as he considers appropriate—

        (a) for the general purposes, or any particular purpose, of this Act;

        (b) in consequence of any provision made by this Act;

        (c) for giving full effect to this Act or any provision made by it.’.

Secretary Alan Johnson

103

Page 32, line 9 [Clause 48], leave out ‘An order’ and insert ‘Subordinate legislation’.

Secretary Alan Johnson

104

Page 32, line 9 [Clause 48], after ‘subsection (1)’ insert ‘or (2)’.

Secretary Alan Johnson

105

Page 32, line 10 [Clause 48], at end insert—

      ‘( ) References in this section to subordinate legislation are to an order or regulations under this Act.’.

Secretary Alan Johnson

106

Page 32, line 16 [Clause 50], leave out ‘(2)’ and insert ‘(3)’.

Secretary Alan Johnson

107

Page 32, line 18 [Clause 50], leave out subsection (2).

Secretary Alan Johnson

108

Page 32, line 20 [Clause 50], leave out ‘and 24’ and insert ‘, 24 and 41’.


Mrs Maria Miller
Tim Loughton
Mr Rob Wilson
Anne Main
Mr David Evennett

5

Page 35, line 36 [Schedule 1], 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 online system for access to barred lists for employers.’.

Mrs Maria Miller
Tim Loughton
Mr Rob Wilson
Anne Main
Mr David Evennett
Annette Brooke
Total signatories: 7

Sarah Teather

3

Page 35, line 36 [Schedule 1], at end insert—

    ‘(8A) 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
Mr Rob Wilson
Anne Main
Mr David Evennett

4

Page 35, line 41 [Schedule 1], 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.’.

Secretary Alan Johnson

109

Page 35, line 43 [Schedule 1], at end insert—

    Funding

10A The Secretary of State may make payments to IBB of such amounts, at such times and on such conditions (if any) as he thinks appropriate.’.


Secretary Alan Johnson

110

Page 36, line 10 [Schedule 1], leave out ‘lay’ and insert ‘send’.

Secretary Alan Johnson

111

Page 36, line 10 [Schedule 1], after report insert ‘to the Secretary of State, who must lay them’.

Secretary Alan Johnson

112

Page 36, line 22 [Schedule 1], at end insert—

    Payments in connection with maladministration

    (1) If IBB thinks—

      (a) that action taken by or on behalf of IBB amounts to maladministration, and

      (b) that a person has been adversely affected by the action,

    IBB may make such payment (if any) to the person as it thinks appropriate.

    (2) “Action” includes failure to act.’.

Mrs Maria Miller
Tim Loughton
Mr Rob Wilson
Anne Main
Mr David Evennett

6

Page 36, line 28 [Schedule 1], leave out sub-sub paragraph (c).


Annette Brooke
Sarah Teather

252

* Page 37, line 13 [Schedule 2], leave out ‘include the person in the children’s barred list’ and insert—

        ‘(a) include the person in the children’s barred list;

        (b) give the person the opportunity to make representations on any exceptional circumstances warranting removal from the children’s barred list if the inclusion is based on a caution.

      (4) If it appears to IBB that it is not appropriate for the person to be included in the list, it must remove him from the list.’.

Secretary Alan Johnson

113

Page 37, line 33 [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) IBB must include the person in the children’s barred list if—

      (a) it is satisfied that the person has engaged in relevant conduct, and

      (b) it appears to IBB that it is appropriate to include the person in the list.’.

Mrs Maria Miller
Tim Loughton
Mr Rob Wilson
Anne Main
Mr David Evennett

13

Page 37, line 33 [Schedule 2], after ‘if’, insert ‘on the balance of probabilities’.


Secretary Alan Johnson

114

Page 38, line 13 [Schedule 2], leave out from ‘involving’ to end of line 14 and insert ‘sexual material relating to children (including possession of such material);’.

Secretary Alan Johnson

115

Page 38, line 13 [Schedule 2], at end insert—

      ‘(ca) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to IBB that the conduct is inappropriate;’.

Secretary Alan Johnson

116

Page 38, line 22 [Schedule 2], at end insert—

    ‘() “Sexual material relating to children” means—

      (a) indecent images of children, or

      (b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.’.

Secretary Alan Johnson

117

Page 38, line 22 [Schedule 2], at end insert—

    ‘() “Image” means an image produced by any means, whether of a real or imaginary subject.’.

Secretary Alan Johnson

118

Page 38, line 25 [Schedule 2], leave out ‘(1)(c)’ and insert ‘(1)(ca)’.

Annette Brooke
Sarah Teather

243

* Page 38, line 29 [Schedule 2], after ‘if’, insert ‘he has engaged in conduct which, in the opinion of an appropriate professional’.

Annette Brooke
Sarah Teather

247

* Page 38, line 30 [Schedule 2], leave out ‘it appears’ and insert ‘indicates’.

Secretary Alan Johnson

119

Page 38, line 34 [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) IBB must include the person in the children’s barred list if—

      (a) it is satisfied that the person falls within sub-paragraph (4), and

      (b) it appears to IBB that it is appropriate to include the person in the list.’.

Secretary Alan Johnson

120

Page 38, line 41 [Schedule 2], at end insert—

    Restriction on inclusion

    5A (1) IBB must not include a person in the children’s barred list—

      (a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or

      (b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person’s case to be considered by the relevant Scottish authority.

    (2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of IBB.

    (3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children’s barred list.’.

Annette Brooke
Sarah Teather

9

Page 38, line 41 [Schedule 2], at end insert—

    ‘5A (1) The IBB cannot include a person under the age of 18 in the children’s barred list without the opportunity to make representations.

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

Annette Brooke
Sarah Teather

244

* Page 38, line 41 [Schedule 2], at end insert—

      ‘(5) In subsection (4), “appropriate professional” means any of the following—

        (a) a doctor;

        (b) a psychiatrist;

        (c) a registered social worker;

        (d) a probation officer; or

        (e) a person of a description prescribed by the Secretary of State for the purposes of this paragraph.’.


Annette Brooke
Sarah Teather

253

* Page 39, line 8 [Schedule 2], leave out ‘include the person in the adults’ barred list’ and insert—

        ‘(a) include the person in the adults’ barred list;

        (b) give the person the opportunity to make representations as to why there are exceptional circumstances warranting removal from the adults’ barred list if the inclusion is based on a caution.

      (4) If it appears to IBB that it is not appropriate for the person to be included in the list, it must remove him from the list.’.

Secretary Alan Johnson

121

Page 39, line 28 [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) IBB must include the person in the adults’ barred list if—

      (a) it is satisfied that the person has engaged in relevant conduct, and

      (b) it appears to IBB that it is appropriate to include the person in the list.’.

Secretary Alan Johnson

122

Page 39, line 36 [Schedule 2], leave out paragraph (c).

Secretary Alan Johnson

123

Page 39, line 38 [Schedule 2], at beginning insert—

      ‘( ) conduct involving sexual material relating to children (including possession of such material);’.

Secretary Alan Johnson

124

Page 39, line 38 [Schedule 2], at beginning insert—

      ‘(ca) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to IBB that the conduct is inappropriate;’.


Secretary Alan Johnson

125

Page 40, line 4 [Schedule 2], at end insert—

    ‘() “Sexual material relating to children” means—

      (a) indecent images of children, or

      (b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.’.

Secretary Alan Johnson

126

Page 40, line 4 [Schedule 2], at end insert—

    ‘() “Image” means an image produced by any means, whether of a real or imaginary subject.’.

Secretary Alan Johnson

127

Page 40, line 7 [Schedule 2], leave out ‘(1)(c)’ and insert ‘(1)(ca)’.

Annette Brooke
Sarah Teather

245

* Page 40, line 11 [Schedule 2], after ‘if’, insert ‘he has engaged in conduct which, in the opinion of an appropriate professional’.

Annette Brooke
Sarah Teather

248

* Page 40, line 12 [Schedule 2], leave out ‘it appears’ and insert ‘indicates’.

Secretary Alan Johnson

128

Page 40, line 16 [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) IBB must include the person in the adults’ barred list if—

      (a) it is satisfied that the person falls within sub-paragraph (4), and

      (b) it appears to IBB that it is appropriate to include the person in the list.’.

Secretary Alan Johnson

129

Page 40, line 23 [Schedule 2], at end insert—

    Restriction on inclusion

    10A (1) IBB must not include a person in the adults’ barred list—

      (a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or

      (b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person’s case to be considered by the relevant Scottish authority.

    (2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of IBB.

    (3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults’ barred list.’.

Annette Brooke
Sarah Teather

10

Page 40, line 23 [Schedule 2], at end insert—

    ‘10A (1) The 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 purposes, as specified in regulations, for a person under the age of 18 included on the adults’ barred list after representations have been heard.’.

Annette Brooke
Sarah Teather

246

* Page 40, line 23 [Schedule 2], at end insert—

      ‘(5) In subsection (4), “appropriate professional” means any of the following—

        (a) a doctor;

        (b) a psychiatrist;

        (c) a registered social worker;

        (d) a probation officer; or

        (e) a person of a description prescribed by the Secretary of State for the purposes of this paragraph.’.


Mrs Maria Miller
Tim Loughton
Mr Rob Wilson
Anne Main
Mr David Evennett
Annette Brooke
Total signatories: 7

Sarah Teather

12

Page 42, line 10 [Schedule 2], leave out ‘thinks’ and insert ‘has reason to suspect’.


Mrs Maria Miller
Tim Loughton
Mr Rob Wilson
Anne Main
Mr David Evennett

7

Page 43, line 9 [Schedule 2], leave out ‘thinks’ and insert ‘has reason to believe’.

Secretary Alan Johnson

130

Page 43, line 19 [Schedule 2], at end insert—

    ‘() If IBB so requests, the Secretary of State must inform IBB which police forces are relevant police forces in relation to a person.’.

Secretary Alan Johnson

131

Page 43, line 36 [Schedule 2], at end insert—

‘ The Secretary of State must inform the Scottish Ministers if a person is included in a barred list.’.

 
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Prepared: 20 October 2006