| Safeguarding Vulnerable Groups Bill [Lords], As Amended - continued | House of Commons |
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Secretary Alan Johnson NS4
To move the following Schedule:— Advice by IBB 1 IBB must provide the Secretary of State with such advice as he requests in connection with— (a) any decision in relation to the inclusion of
a person in the list kept under section 1 of the (b) any decision in relation to the inclusion of
a person in the list kept under section 81 of the (c) any decision in relation to a direction under
section 142 of the Existing restrictions relating to children 2 (1) This paragraph applies to a person who is— (a) included in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children); (b) disqualified from working with children by virtue of an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000; (c) subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching etc). (2) The Secretary of State may, by order, make such provision as he thinks appropriate— (a) requiring IBB to include the person in the children’s barred list; (b) requiring IBB to consider including the person in the children’s barred list; (c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made; (d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified; (e) modifying anything done under paragraph 13 or in paragraphs 14 to 19 of Schedule 2 in connection with IBB’s consideration of any matter relating to the person. (3) An order under this paragraph may contain provision— (a) enabling the General Teaching Council for England to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998; (b) enabling the General Teaching Council for Wales to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998; (c) for the Secretary of State to prescribe the procedure in relation to an application as mentioned in paragraph (a); (d) for the Welsh Ministers to prescribe the procedure in relation to an application as mentioned in paragraph (b). Existing restrictions relating to vulnerable adults 3 (1) This paragraph applies to a person who is included in the list kept under section 81 of the Care Standards Act 2000 (individuals considered unsuitable to work with certain adults). (2) The Secretary of State may, by order, make such provision as he thinks appropriate— (a) requiring IBB to include the person in the adults’ barred list; (b) requiring IBB to consider including the person in the adults’ barred list; (c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made; (d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified; (e) modifying anything done under paragraph 13 or in paragraphs 14 to 19 of Schedule 2 in connection with IBB’s consideration of any matter relating to the person. Existing restrictions: supplementary 4 An order under paragraph 2 or 3 may— (a) modify any criminal offence created by this Act; (b) create any new criminal offence, but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale. Modifications relating to monitoring 5 (1) The Secretary of State may by order provide that in relation to permission to engage in regulated activity having effect during the transitional period, references in section 11(1) and (1A) to ascertaining whether B is subject to monitoring in relation to an activity have effect as references to ascertaining whether B is barred from that activity. (2) The transitional period is the period— (a) beginning with the commencement of section 2, and (b) ending with the commencement of section 21.’. Mrs Maria Miller
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
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
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
6 Page 36, line 28 [Schedule 1], leave out sub-sub paragraph (c). Annette Brooke
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
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
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
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
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
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
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
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
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
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
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
12 Page 42, line 10 [Schedule 2], leave out ‘thinks’ and insert ‘has reason to suspect’. Mrs Maria Miller
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.’. Secretary Alan Johnson 132 Page 43, line 36 [Schedule 2], at end insert— ‘ IBB may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.’. Secretary Alan Johnson 133 Page 43, line 44 [Schedule 2], before ‘list’ insert ‘specified’. Secretary Alan Johnson 134 Page 43, line 45 [Schedule 2], leave out from ‘Kingdom’ to end of line 47. Secretary Alan Johnson 135 Page 44, line 10 [Schedule 2], at end insert— ‘( ) The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.’. Secretary Alan Johnson 136 Page 44, line 10 [Schedule 2], at end insert— ‘(e) section 42 of the Armed Forces Act 2006.’. Secretary Alan Johnson 137 Page 44, line 10 [Schedule 2], at end insert— ‘(2A) For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore— (a) any offence committed before he attained the age of 18; (b) any order or direction made before that time.’. Secretary Alan Johnson 138 Page 44, line 20 [Schedule 2], at end insert— ‘() For the purposes of sub-paragraph (2A) an offence committed over a period of time must be treated as committed on the last day of the period.’. |
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| © Parliamentary copyright 2006 | Prepared: 23 October 2006 |