House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 19 February 2009
228

Policing and Crime Bill, continued

Mr Vernon Coaker

335

Schedule  7,  page  152,  line  17,  at end insert—

‘In section 31—

(a)
in subsections (2) and (3), paragraph (b) and

the “, and” immediately before it, and

(b)
subsections (4) and (5).’.

Member’s explanatory statement

This amendment removes the status of ‘subject to monitoring and undergoing assessment’ from the

check of a person’s status in the vetting and barring scheme, so that the only available statuses will

be ‘subject to monitoring’ or ‘not subject to monitoring’.

Mr Vernon Coaker

336

Schedule  7,  page  152,  line  18,  at end insert—

‘Safeguarding Vulnerable Groups
In Article 33—

(Northern Ireland) Order 2007 (S.I.
(a)
in paragraphs (2) and (3), sub-paragraph (b)

2007/1351 (N.I. 11))
and the “, and” immediately before it, and

(b)
paragraphs (4) and (5).’.

Member’s explanatory statement

This amendment makes equivalent provision in relation to Northern Ireland to that made in rela

tion to England and Wales by amendment 335.

Mr Vernon Coaker

337

Schedule  7,  page  152,  line  33,  leave out ‘, (8) and (11A)’ and insert ‘and (8)’.

Member’s explanatory statement

This amendment is consequential on amendment 328.

Mr Vernon Coaker

338

Schedule  7,  page  152,  line  36,  at end insert—

‘In section 141, in subsection (11A) as inserted by

the Violent Crime Reduction Act 2006—

(a)
paragraph (b), and

(b)
the “or” immediately before that paragraph.’.

Member’s explanatory statement

This amendment is consequential on amendment 329.

Mr Vernon Coaker

339

Schedule  7,  page  152,  line  36,  at end insert—

‘In section 141, in subsection (11A) as inserted by

the Custodial Sentences and Weapons (Scotland) Act

2007, “Subject to subsection (11C),”.’.

Notices of Amendments: 19 February 2009
229

Policing and Crime Bill, continued

Member’s explanatory statement

This amendment is consequential on amendment 330.

Mr Vernon Coaker

340

Schedule  7,  page  153,  line  1,  leave out ‘141(11D)’ and insert ‘141, in subsection

(11D) as inserted by the Violent Crime Reduction Act 2006’.

Member’s explanatory statement

This amendment is consequential on amendment 331.

Mr Vernon Coaker

341

Schedule  7,  page  153,  line  7,  at end insert—

‘In section 141, subsections (11C) to (11E) as

inserted by the Custodial Sentences and Weapons

(Scotland) Act 2007.’.

Member’s explanatory statement

This amendment is consequential on amendment 332.

Mr Vernon Coaker

342

Schedule  7,  page  153,  line  8,  omit the note.

Member’s explanatory statement

This amendment is consequential on amendments 337, 338 and 340.

Notification of proposal to include person in barred list: England and Wales

Mr Vernon Coaker

NC27

To move the following Clause:—

‘(1)
The Safeguarding Vulnerable Groups Act 2006 (c. 47) is amended as follows.

(2)
After section 34 insert—

“34A
Notification of proposal to include person in children’s barred list

(1)
If ISA proposes to include a person (B) in the children’s barred list in the

circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 3, it—

(a)
must notify any person who is registered in relation to B under

section 32 in relation to regulated activity relating to children,

and

(b)
may notify any other person who it is satisfied falls within

subsection (2).

(2)
The following fall within this subsection—

(a)
any person who is permitting B to engage in regulated activity

relating to children,

(b)
any responsible person (within the meaning of section 23) who

is permitting B to engage in controlled activity relating to

children.

(3)
A notification under this section must—

Notices of Amendments: 19 February 2009
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Policing and Crime Bill, continued

(a)
explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)
include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)
The requirement to notify a person under subsection (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

34B
Notification of proposal to include person in adults’ barred list

(1)
If ISA proposes to include a person (B) in the adults’ barred list in the

circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 3, it—

(a)
must notify any person who is registered in relation to B under

section 32 in relation to regulated activity relating to vulnerable

adults, and

(b)
may notify any other person who it is satisfied falls within

subsection (2).

(2)
The following fall within this subsection—

(a)
any person who is permitting B to engage in regulated activity

relating to vulnerable adults,

(b)
any responsible person (within the meaning of section 23) who

is permitting B to engage in controlled activity relating to

vulnerable adults.

(3)
A notification under this section must—

(a)
explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)
include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)
The requirement to notify a person under subsection (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

34C
Sections 34A and 34B: notification of outcome

(1)
Subsection (2) applies if ISA—

(a)
has notified a person (A) under section 34A or 34B that it

proposes to include another (B) in a barred list, and

(b)
includes B in the barred list or decides not to do so.

(2)
ISA must notify A that it has included B in the barred list or that it has

decided not to do so (as the case may be).

(3)
In a case where A is registered in relation to B under section 32 (or has

ceased to be so registered by virtue of B’s inclusion in the barred list), the

requirement in subsection (2) is satisfied if notification is sent to any

address recorded (or, as the case may be, formerly recorded) against A’s

name in the register.”

(3)
In section 31 (vetting information)—

(a)
in subsections (2) and (3), omit paragraph (b) and the “, and”

immediately before it, and

(b)
omit subsections (4) and (5).’.

Member’s explanatory statement

This amendment requires the IBB to notify any registered party, and empowers the IBB to notify

Notices of Amendments: 19 February 2009
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Policing and Crime Bill, continued

anyone else whom it is satisfied is an interested party, with reasons, when it proposes to bar some

one from working with children or vulnerable adults. A further notification must give the IBB’s fi

nal decision.

Notification of proposal to include person in barred list: Northern Ireland

Mr Vernon Coaker

NC28

To move the following Clause:—

‘(1)
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/

1351 (N.I. 11)) is amended as follows.

(2)
After Article 36 insert—

“36A
Notification of proposal to include person in children’s barred list

(1)
If ISA proposes to include a person (B) in the children’s barred list in the

circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 1, it—

(a)
must notify any person who is registered in relation to B under

Article 34 in relation to regulated activity relating to children,

and

(b)
may notify any other person who it is satisfied falls within

paragraph (2).

(2)
The following fall within this paragraph—

(a)
any person who is permitting B to engage in regulated activity

relating to children,

(b)
any responsible person (within the meaning of Article 27) who is

permitting B to engage in controlled activity relating to children.

(3)
A notification under this Article must—

(a)
explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)
include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)
The requirement to notify a person under paragraph (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

36B
Notification of proposal to include person in adults’ barred list

(1)
If ISA proposes to include a person (B) in the adults’ barred list in the

circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 1, it—

(a)
must notify any person who is registered in relation to B under

Article 34 in relation to regulated activity relating to vulnerable

adults, and

(b)
may notify any other person who it is satisfied falls within

paragraph (2).

(2)
The following fall within this paragraph—

(a)
any person who is permitting B to engage in regulated activity

relating to vulnerable adults,

(b)
any responsible person (within the meaning of Article 27) who is

permitting B to engage in controlled activity relating to

vulnerable adults.

Notices of Amendments: 19 February 2009
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Policing and Crime Bill, continued

(3)
A notification under this Article must—

(a)
explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)
include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)
The requirement to notify a person under paragraph (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

36C
Articles 36A and 36B: notification of outcome

(1)
Paragraph (2) applies if ISA—

(a)
has notified a person (A) under Article 36A or 36B that it

proposes to include another (B) in a barred list, and

(b)
includes B in the barred list or decides not to do so.

(2)
ISA must notify A that it has included B in the barred list or that it has

decided not to do so (as the case may be).

(3)
In a case where A is registered in relation to B under Article 34 (or has

ceased to be so registered by virtue of B’s inclusion in the barred list), the

requirement in paragraph (2) is satisfied if notification is sent to any

address recorded (or, as the case may be, formerly recorded) against A’s

name in the register.”

(3)
In Article 33 (vetting information)—

(a)
in paragraphs (2) and (3), omit sub-paragraph (b) and the “, and”

immediately before it, and

(b)
omit paragraphs (4) and (5).’.

Member’s explanatory statement

This amendment makes equivalent provision in relation to Northern Ireland to that made in rela

tion to England and Wales by amendment NC27.

Provision of safeguarding information to the police: England and Wales

Mr Vernon Coaker

NC29

To move the following Clause:—

‘After section 50 of the Safeguarding Vulnerable Groups Act 2006 (c. 47)

insert—

“Provision of information to the police

50A
Provision of information to the police

(1)
ISA may provide any information it has to a chief officer of police for use

for any of the following purposes—

(a)
the prevention, detection and investigation of crime;

(b)
the apprehension and prosecution of offenders.

(2)
The power conferred by subsection (1) does not limit any other power of

ISA to provide information for any purpose or to any person.”’.

Member’s explanatory statement

This amendment empowers the IBB to provide information that it has to the police, for use by the

police for the purposes set out in the amendment.

Notices of Amendments: 19 February 2009
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Policing and Crime Bill, continued

Provision of safeguarding information to the police: Northern Ireland

Mr Vernon Coaker

NC30

To move the following Clause:—

‘After Article 52 of the Safeguarding Vulnerable Groups (Northern Ireland)

Order 2007 (S.I. 2007/1351 (N.I. 11)) insert—

“Provision of information to the police

52A
Provision of information to the police

(1)
ISA may provide any information it has to the chief constable of the

Police Service of Northern Ireland for use for any of the following

purposes—

(a)
the prevention, detection and investigation of crime;

(b)
the apprehension and prosecution of offenders.

(2)
The power conferred by paragraph (1) does not limit any other power of

ISA to provide information for any purpose or to any person.”’.

Member’s explanatory statement

This amendment makes equivalent provision in relation to Northern Ireland to that made in rela

tion to England and Wales by amendment NC29.

Barring process: England and Wales

Mr Vernon Coaker

NC31

To move the following Clause:—

‘(1)
Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (barred lists)

is amended as follows.

(2)
In paragraph 1 (automatic inclusion in children’s barred list) for sub-paragraphs

(2) and (3) substitute—

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must

include the person in the children’s barred list.”

(3)
In paragraph 2 (inclusion in children’s barred list subject to consideration of

representations) for sub-paragraphs (2) and (3) substitute—

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must—

(a)
include the person in the children’s barred list, and

(b)
give the person an opportunity to make representations as to

why the person should be removed from the children’s barred

list.”

(4)
In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2)

and (3) substitute—