New
Clause
27Notification
of proposal to include person in barred list: England and
Wales ‘(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— (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).’.—(Mr.
Campbell.) This
amendment requires the IBB to notify any registered party, and empowers
the IBB to notify anyone else whom it is satisfied is an interested
party, with reasons, when it proposes to bar someone from working with
children or vulnerable adults. A further notification must give the
IBB’s final
decision. Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
28Notification
of proposal to include person in barred list: Northern
Ireland ‘(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. (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).’.—(Mr.
Campbell.) This
amendment makes equivalent provision in relation to Northern Ireland to
that made in relation to England and Wales by amendment
NC27. Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
29Provision
of safeguarding information to the police: England and
Wales ‘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.”’.—(Mr.
Campbell.) 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. Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
30Provision
of safeguarding information to the police: Northern
Ireland ‘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.”’.—(Mr.
Campbell.) This
amendment makes equivalent provision in relation to Northern Ireland to
that made in relation to England and Wales by amendment
NC29. Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
31Barring
process: England and
Wales ‘(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— “(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 adults’ barred
list.” (5) In paragraph
8 (inclusion in adults’ 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 adults’ barred list,
and (b) give the person an
opportunity to make representations as to why the person should be
removed from the adults’ barred
list.” (6)
In paragraph 24(8) (Secretary of State to examine
records of convictions or cautions from time to time) for
“whether the criteria apply to an individual” substitute
“whether there is reason to believe that the criteria might
apply to an individual”.’.—(Mr.
Campbell.) This
amendment adjusts the procedure for automatic barring so that it is the
IBB that must be satisfied that a person has met prescribed criteria
before the IBB is required to bar the person and makes a
consequential change to the duty on the Secretary of State to check
records. Brought
up, read the First and Second time, and added to the
Bill.
New Clause
32Barring
process: Northern
Ireland ‘(1) Schedule 1 to
the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.
2007/1351 (N.I. 11)) (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— “(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 adults’ barred
list.” (5) In paragraph
8 (inclusion in adults’ 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 adults’ barred list,
and (b) give the person an
opportunity to make representations as to why the person should be
removed from the adults’ barred
list.” (6)
In paragraph 24(8) (Secretary of State to examine
records of convictions or cautions from time to time) for
“whether the criteria apply to an individual” substitute
“whether there is reason to believe that the criteria might
apply to an individual”.’.—(Mr.
Campbell.) This
amendment makes equivalent provision in relation to Northern Ireland to
that made in relation to England and Wales by amendment
NC31. Brought
up, read the First and Second time, and added to the
Bill.
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