| Previous Section | Index | Home Page |
(a) a person is newly included in the adults’ barred list,
(b) the Secretary of State becomes aware that a person is subject to a relevant adults’ disqualification, or
(c) having been subject to monitoring in relation to regulated activity relating to vulnerable adults, a person ceases to be so subject by virtue of section 22.
(2) The Secretary of State must notify every interested supervisory authority of the circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of subsection (1).
(3) A supervisory authority is an interested supervisory authority only if—
(a) it has applied to the Secretary of State to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and
(b) the application has not been withdrawn.
(4) A supervisory authority may apply to the Secretary of State under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 36(7).
(5) For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies the Secretary of State that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.
(6) A person is subject to a relevant adults’ disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults’ barred list.
(7) The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section.
(8) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section.’.— [Mr. Cawsey.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) A person (P) must not, in connection with—
(a) the recruitment of another person as an employee, or
(b) the continued employment of another person,
require that other person or a third party to supply him with a relevant record.
(2) A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record.
(3) Subsection (1) does not apply if the duties of the employee include activity of a kind mentioned in paragraph 2(1) or 6(1) of Schedule 3 and the activity is for, or for the benefit, of—
(b) a child, or vulnerable adult, who is a member of P’s family;
(c) a child, or vulnerable adult, who is a friend of P.
(4) “Family” and “friend” must be construed in accordance with section 43.
(5) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) A relevant record is the record of information provided by the Secretary of State under section 21(3A).
(7) An employee is an individual who—
(a) works under a contract of employment, as defined by section 230(2) of the Employment Rights Act 1996 (c. 18),
(b) provides any service under a contract for services, or
whether or not he is entitled to remuneration; and “employment” must be construed accordingly.’.— [Mr. Cawsey.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) For the purposes of the provisions mentioned in subsection (2), it is immaterial whether there is a finding of fact in any proceedings.
section 31(2)(b) and (c) and (6)(a);
section 33(2)(b) and (c) and (6)(a);
section 36(2)(b) and (c) and (5)(a).’.— [Mr. Cawsey.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) The Secretary of State may, by order, make such provision (including provision amending any enactment contained in or made under any Act, including this Act) as he thinks necessary or expedient in consequence of or having regard to any relevant Scottish legislation or relevant Northern Ireland legislation.
(a) include provision for treating a person to whom a monitoring provision applies as if he were subject to monitoring in relation to regulated activity;
(b) confer power to make subordinate legislation (within the meaning given by the Interpretation Act 1978).
(3) Relevant Scottish legislation is any provision made by or under an Act of the Scottish Parliament which the Secretary of State thinks—
(a) corresponds to provision made by or under this Act,
(b) makes monitoring provision, or
(c) affects the operation of any provision made by or under this Act.
(4) Relevant Northern Ireland legislation is any provision of such legislation which the Secretary of State thinks—
(a) corresponds to provision made by or under this Act
(b) makes monitoring provision, or
(c) affects the operation of any provision made by or under this Act.
(5) Monitoring provision is provision for the collation and disclosure of information relating to persons who engage or wish to engage in activity which the Secretary of State thinks corresponds to regulated activity with children or vulnerable adults.’.— [Mr. Ivan Lewis.]
Brought up, and read the First time.
The Parliamentary Under-Secretary of State for Health (Mr. Ivan Lewis): I beg to move, That the clause be read a Second time.
Madam Deputy Speaker: With this it will be convenient to discuss the following:
Government new clause 20— Devolution: Wales.
Government amendments Nos. 98, 120, 129 and 131 to 132.
Mr. Lewis: Government new clause 14 enables provision to be made in future to take account of forthcoming Scottish and Northern Ireland legislation. Scotland is making provision for its own vetting and barring scheme through legislation currently before the Scottish Parliament. Northern Ireland will make its own provisions that will work in parallel with the England and Wales scheme and allow the IBB to make barring decisions about individuals living and working in Northern Ireland. Both the Scottish and Northern Ireland legislation will be finalised after the Bill has completed its passage through the House. Secondary legislation made under the Government new clause will be subject to the affirmative resolution procedure if it amends the Bill’s provisions or confers a power to make secondary legislation.
Government amendments Nos. 120 and 129 provide that the IBB must not include someone on a barred list if Scottish Ministers have already made a decision about whether to include them on their list and the IBB has no new evidence. That will prevent them from being considered for more than one jurisdiction’s list on the basis of the same information, and therefore having to submit to different representation and appeals procedures in each jurisdiction. The intention is that inclusion on the Scottish, Northern Ireland, or England and Wales lists will result in a bar from regulated activity across the UK.
The amendments give the Secretary of State an order-making power that he can use to ensure that someone is considered for listing by the most appropriate barring authority, rather than by the barring authority that first becomes aware of information that could lead to listing. For example, if the IBB receives information about
someone who is not subject to monitoring in England and Wales, but who is a member of the Scottish scheme, Scottish Ministers—and not the IBB—should consider new information on their case. Government amendment No. 131 provides that the Secretary of State must tell Scottish Ministers if the IBB includes someone on a barred list, to allow Scottish Ministers to ensure that the person cannot work with either children or vulnerable adults in Scotland.
Government new clause 20 allows certain powers to make secondary legislation to be exercised by Welsh Ministers. The powers significantly cut across devolved matters, such as the requirements for checks for school governors. The new clause requires the Secretary of State to obtain the agreement of Welsh Ministers before exercising secondary legislation-making powers that provide for requirements and powers that affect the National Assembly for Wales in its functions as an inspectorate. In exercising the remaining significant secondary legislation-making powers in the Bill, the Secretary of State must consult Welsh Ministers in relation to the powers’ impact on Wales.
Government amendment No. 132 provides that the IBB may provide information to Welsh Ministers relevant to their functions—formulating policy and monitoring delivery of that policy. The amendments ensure that vetting and barring operates successfully and coherently across the United Kingdom, and I commend them to the House.
Mrs. Maria Miller: I welcome the Minister to our debate on the thorny issue of devolution, which contributed greatly both to the number of Government amendments that have been tabled and the delay that prevented hon. Members from seeing them before our debate. It is only right to probe the issue a little further, especially Government amendment No. 120. I was surprised to learn that the IBB must not include someone on a barred list
“if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground”.
Will the Minister give an undertaking that the UK will be bound to decisions that are made in Scotland only if we have full confidence that the Scottish equivalent of the IBB exercises the same burdens of proof and conducts itself in the same way as the IBB? Will he confirm that there is a similar provision in Scottish law, so that if the amendment is accepted we can be sure that Scottish authorities will pay heed to similar decisions made in the UK?
Mr. Lewis:
The hon. Lady makes a perfectly reasonable and valid point, and I hope that I can clarify the situation. The amendments deal with the theoretical possibility that someone can be required to make representations or appeals against the same evidence in England and Scotland when the restriction that is imposed in both jurisdictions is the same—a bar from regulated activity across the UK. It would be unreasonable to require someone already cleared in one jurisdiction to submit to the process in another jurisdiction. In practice, we do not envisage circumstances arising in which the IBB may wish to overturn a decision by Scottish Ministers
not to bar, as the barring criteria applied by the IBB and Scottish Ministers will be closely aligned. Scottish processes are at a less advanced stage than ours, but there will be an opportunity, using the affirmative resolution if necessary, to look at any concerns raised by hon. Members. We are confident, however, that there will be an appropriate level of alignment.
Mrs. Miller: Has the Minister sought assurances from Ministers in the Scottish Parliament that there will be not just close but direct alignment, and that the same provision will be in Scottish law?
6 pm
Mr. Lewis: I can assure the hon. Lady that reciprocal arrangements have been agreed at an official level, although I have not spoken directly to my counterpart in Scotland.
Clause read a Second time, and added to the Bill.
‘(1) A person commits an offence if, in the course of acting or appearing to act on behalf of a regulated activity provider—
(a) he permits an individual (B) to engage in a regulated activity in relation to which B is not subject to monitoring,
(b) he knows or has reason to believe that B is not subject to monitoring in relation to that activity, and
(c) B engages in the activity.
(2) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—
(a) he supplies an individual (B) to another (P),
(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
(c) he knows or has reason to believe that B is barred from the activity.
(3) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—
(a) he supplies an individual (B) to another (P),
(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity in relation to which B is not subject to monitoring, and
(c) he knows or has reason to believe that B is not subject to monitoring in relation to the activity.
(4) A person guilty of an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) A person guilty of an offence under subsection (2) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
(6) If the commission of an offence under section 11 is due to the act or reckless default of a person who acts for or appears to act for the regulated activity provider—
(a) that person is guilty of the offence, and
(b) he may be proceeded against and punished whether or not proceedings are also taken against the regulated activity provider.
(7) In the application of subsection (6) to a person who is in Crown employment (within the meaning of the Employment Rights Act 1996), section (Crown application)(2) must be ignored.
(8) For the purpose of subsections (2)(b) and (3)(b), Schedule 3 is modified as follows—
(a) in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded;
(b) in paragraph 6(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
(c) in paragraph 6(4), paragraph (a) must be disregarded.
(9) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under subsection (1) in a case where the regulated activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
(10) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003, the reference in subsection (5)(b) to 12 months must be taken to be a reference to six months.’.— [Mr. Dhanda.]
Brought up, and read the First time.
Mr. Dhanda: I beg to move, That the clause be read a Second time.
Madam Deputy Speaker: With this it will be convenient to discuss the following: Government new clause 16— Section (Offences: other persons): exclusions and defences.
Government new clause 17— Office holders: offences.
Government new clause 18— Sections 12 and (office holders: offences): checks.
Government new clause 19— Personnel suppliers: failure to check.
Government new clause 22— Controlled activity: regulations.
Government amendments Nos. 208 to 210 and 26.
Amendment No. 254, in page 4, line 10, clause 7, after ‘he’, insert
‘with the intention of misleading the IBB or a regulated activity provider’.
Amendment No. 255, in page 4, line 19, leave out subsection (3).
Amendment No. 201, line 21, at end add
‘or did not intend to seek to engage in activity from which he knew he was barred.’.
Government amendments Nos. 30, 211 to 213, 34, 35, 214, 36, 39 and 215 to 218.
Amendment No. 256, in page 7, line 10, clause 11, after ‘he’, insert ‘negligently’.
Government amendments Nos. 219 to 226.
Amendment No. 257, in page 8, line 22, after ‘he’, insert ‘negligently’.
Government amendments Nos. 227, 228, 52 to 55, 229 to 234, 236 and 93.
Government new schedule 2— Employment businesses: failure to check..
Government new schedule 3— Appropriate verification.
| Next Section | Index | Home Page |