House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee Proceedings: 17 May 2011
95

Protection of Freedoms Bill, continued

“(b)
the Secretary of State cancels the application on

either of the following grounds—

(i)
that the supervisory authority has not

answered, within such reasonable period

as was required by the Secretary of State,

a request from the Secretary of State as to

whether the supervisory authority still

wishes to be notified of any circumstance

mentioned in paragraph (1) in relation to

the person, or

(ii)
that the notification is not required in

connection with the exercise of a function

of the supervisory authority mentioned in

Article 47(7).”, and

(g)
in paragraph (8) for “prescribe” substitute “determine”.

      (5)
In Article 52 of that Order (provision of information to supervisory

authorities)—

(a)
in paragraph (2) for “must” substitute “may (whether on an application

by the authority or otherwise)”,

(b)
in paragraph (3)—

(i)
in sub-paragraph (b), after “the authority” insert “which is

mentioned in Article 47(7)”, and

(ii)
for the words from “or information” to “occurred” substitute

“or of any circumstance mentioned in Article 50(1) or 51(1)”,

and

(c)
after paragraph (3) insert—

“(4)
A supervisory authority may apply to ISA under this Article

only if the information is required in connection with the

exercise of a function of the supervisory authority which is

mentioned in Article 47(7).

(5)
The Secretary of State may determine the form, manner and

contents of an application for the purposes of this Article.”

Minor amendments

14  (1)
Omit section 90(2) of the Policing and Crime Act 2009 (which, if commenced,

would insert Articles 36A to 36C into the Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007 in connection with the notification of proposals

to include persons in barred lists).

      (2)
After Article 10(8) of the Safeguarding Vulnerable Groups (Northern Ireland)

Order 2007 (regulated activity providers) insert—

“(8A)
An authority that is an authority for the purposes of section 8 of the

Carers and Direct Payments Act (Northern Ireland) 2002 (c.6) or

Article 18C of the Children Order (direct payments) does not make

arrangements for another to engage in a regulated activity by virtue of

anything the authority does under that section or Article.”

      (3)
In Article 41 of the Order of 2007 (education and library boards and HSC

bodies: duty to refer)—

(a)
in paragraph (1)—

(i)
for “must” substitute “may”, and

(ii)
omit “prescribed”,

Public Bill Committee Proceedings: 17 May 2011
96

Protection of Freedoms Bill, continued

(b)
in paragraph (4)—

(i)
in sub-paragraph (a), for “engaged or may engage” substitute

“or has been, or might in future be, engaged”,

(ii)
also in sub-paragraph (a), omit “or controlled activity”, and

(iii)
in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

(c)
in paragraph (5) omit “prescribed”, and

(d)
in the heading for “duty” substitute “power”.

      (4)
In Article 52A(1) of that Order (power for ISA to provide information to the

police for use for certain purposes)—

(a)
for the words “or the chief constable of a police force in England,

Wales or Scotland” substitute “, a chief officer of police or the chief

constable of a police force in Scotland”, and

(b)
after sub-paragraph (b), insert—

“(c)
the appointment of persons who are under the

direction and control of the chief constable or (as the

case may be) chief officer;

(d)
any prescribed purpose”.

      (5)
After Article 52A(1) of that Order insert—

“(1A)
ISA must, for use for any of the purposes mentioned in paragraph (1),

provide to any chief constable or chief officer mentioned in that

paragraph who has requested it information as to whether a person is

barred.

(1B)
ISA may, for use for the purposes of the protection of children or

vulnerable adults, provide to a relevant authority any information

which ISA reasonably believes to be relevant to that authority.

(1C)
ISA must, for use for the purposes of the protection of children or

vulnerable adults, provide to any relevant authority who has requested

it information as to whether a person is barred.

(1D)
In this Article “relevant authority” means—

(a)
the Department of Justice, exercising functions in relation to

prisons and youth justice,

(b)
the Probation Board for Northern Ireland, or

(c)
an HSC body.”’.

Lynne Featherstone

Agreed to  Ns2

To move the following Schedule:—

SCHEDULE

Disclosure and Barring Service

Membership

1    (1)
DBS is to consist of—

Public Bill Committee Proceedings: 17 May 2011
97

Protection of Freedoms Bill, continued

(a)
a person who has the function of chairing DBS, and

(b)
such number of other members as the Secretary of State decides.

      (2)
A person falling within sub-paragraph (1)(a) or (b) (in this Schedule “an

appointed member”) is be appointed by the Secretary of State.

      (3)
In appointing any such person, the Secretary of State must have regard to the

desirability of ensuring that at least some of the appointed members of DBS

are persons who appear to the Secretary of State to have knowledge or

experience of an aspect of child protection or the protection of vulnerable

adults.

      (4)
The Secretary of State must consult the Welsh Ministers and a Northern

Ireland Minister before making any appointment under this paragraph.

      (5)
In sub-paragraph (4) “Northern Ireland Minister” includes the First Minister

and deputy First Minister in Northern Ireland.

Terms of appointment of members

2    (1)
Subject as follows, an appointed member holds and vacates office in

accordance with the terms of appointment.

      (2)
A period of appointment may not exceed 5 years.

      (3)
An appointed member may resign by giving notice in writing to the Secretary

of State.

      (4)
The Secretary of State may by notice in writing remove an appointed member

who—

(a)
has, without reasonable excuse, failed, for a continuous period of three

months, to carry out the person’s functions,

(b)
has been convicted (whether before or after the person’s appointment)

of a criminal offence,

(c)
is an undischarged bankrupt, or whose estate has been sequestrated

and the person has not been discharged,

(d)
is the subject of a bankruptcy restrictions order or an interim order

under Schedule 4A to the Insolvency Act 1986 or an order to similar

effect made under any corresponding enactment in force in Scotland

or Northern Ireland,

(e)
has made a composition or arrangement with, or granted a trust deed

for, the person’s creditors,

(f)
has failed to comply with the terms of the person’s appointment, or

(g)
is otherwise unable or unfit to carry out the person’s functions.

      (5)
A person who ceases to be an appointed member is eligible for re-appointment

unless the cessation is by virtue of sub-paragraph (4).

Remuneration etc: members

3    (1)
DBS may pay to the person who has the function of chairing it and each of the

other appointed members such remuneration and such allowances as the

Secretary of State may decide.

      (2)
Sub-paragraph (3) applies if—

(a)
a person ceases to be an appointed member of DBS, and

(b)
the Secretary of State considers that there are special circumstances

which make it right for the person to receive compensation.

      (3)
The Secretary of State may require DBS to pay the person such amount as the

Secretary of State may decide.

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

Staff

4    (1)
DBS must appoint a person to be chief executive.

      (2)
The period of appointment must not exceed 5 years (but a person may be re-

appointed).

      (3)
DBS must consult the Secretary of State before appointing a chief executive.

      (4)
The person who has the function of chairing DBS may, with the approval of

the Secretary of State, be appointed as chief executive.

      (5)
The chief executive is an employee of DBS.

      (6)
DBS may appoint such number of other staff as it considers appropriate.

      (7)
DBS may make arrangements for persons to be seconded to DBS to serve as

members of its staff.

      (8)
A member of a police force on temporary service with DBS is to be under the

direction and control of DBS.

Remuneration, pensions etc of staff

5    (1)
DBS may pay to its staff such remuneration and such allowances as it may,

with the approval of the Secretary of State, decide.

      (2)
DBS may—

(a)
pay such pensions, allowances or gratuities to or in respect of any

member of staff or former member of staff, or

(b)
pay such sums towards the provision for the payment of pensions,

allowances or gratuities to or in respect of any member of staff or

former member of staff,


as it may, with the approval of the Secretary of State, decide.

      (3)
Employment with DBS is included among the kinds of employment to which

a scheme under section 1 of the Superannuation Act 1972 can apply, and

accordingly in Schedule 1 to that Act (in which those kinds of employment are

listed) insert at the appropriate place—


“Employment by the Disclosure and Barring Service.”

      (4)
DBS must pay to the Minister for the Civil Service, at such times as the

Minister may direct in writing, such sums as the Minister may decide in respect

of any increase attributable to this paragraph in the sums payable out of money

provided by Parliament under the Act of 1972.

Delegation of functions

6
DBS may, to such extent as it may decide, delegate any of its functions to—

(a)
any of its appointed members,

(b)
a member of its staff,

(c)
a committee consisting of any of its appointed members, members of

its staff or both appointed members and members of staff.

7
DBS may, to such extent as it may decide, delegate any of its functions, other

than a core function, to—

(a)
a person who is neither an appointed member nor a member of staff,

(b)
a committee (including a committee which comprises or includes

persons who are neither appointed members nor members of staff).

8    (1)
In this Schedule a core function is—

(a)
deciding whether it is appropriate for a person to be included in a

barred list under the Safeguarding Vulnerable Groups Act 2006 or the

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.

2007/1351 (N.I.11)),

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

(b)
deciding whether to remove a person from such a list,

(c)
considering representations made for the purposes of Schedule 3 to

that Act or (as the case may be) Schedule 1 to that Order, or

(d)
any function under, or in connection with, Part 5 of the Police Act

1997 which is specified for this purpose in an order made by the

Secretary of State.

      (2)
An order under sub-paragraph (1)(d) is to be made by statutory instrument

which is to be subject to annulment in pursuance of a resolution of either House

of Parliament.

Business plans

9    (1)
As soon as possible after the beginning of each financial year, DBS must issue

a business plan in relation to the proposed exercise of its functions during that

year.

      (2)
DBS must consult the Secretary of State before issuing the plan.

      (3)
DBS must arrange for the plan to be published in such manner as it considers

appropriate.

      (4)
In this Schedule “financial year” is—

(a)
the period—

(i)
starting with the day on which DBS is established, and

(ii)
ending with the next 31st March or, if the period ending with

that date is 3 months or less, ending with the next 31st March

after that date, and

(b)
each succeeding period of 12 months.

Reports

10  (1)
As soon as possible after the end of each financial year, DBS must issue a

report on the exercise of its functions during that year.

      (2)
DBS must arrange for the report to be published in such manner as it considers

appropriate.

Funding

11
The Secretary of State may make payments to DBS of such amounts, at such

times and on such conditions (if any), as the Secretary of State considers

appropriate.

Accounts

12  (1)
DBS must keep its accounts in such form as the Secretary of State decides.

      (2)
DBS must prepare annual accounts in respect of each financial year in such

form as the Secretary of State decides.

      (3)
Before the end of the specified period following the end of each financial year

to which the annual accounts relate DBS must send a copy of the accounts to

the Secretary of State and the Comptroller and Auditor General.

      (4)
The Comptroller and Auditor General must—

(a)
examine, certify and report on the annual accounts, and

(b)
send a copy of the certified accounts and of the report to the Secretary

of State.

      (5)
The Secretary of State must lay before Parliament each document received

under sub-paragraph (4)(b).

      (6)
The specified period is such period as the Secretary of State directs in writing.

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

Guidance

13  (1)
The Secretary of State may, from time to time, issue guidance in writing to

DBS in relation to the exercise of any of its functions.

      (2)
DBS must have regard to any such guidance before exercising any function to

which it relates.

Directions

14  (1)
The Secretary of State may give directions in writing to DBS in relation to the

exercise of any of its functions other than a core function mentioned in

paragraph 8(1)(a), (b) or (c).

      (2)
The Secretary of State may vary or revoke any such directions.

      (3)
DBS must comply with any directions given under this paragraph.

Status

15  (1)
DBS is not to be regarded—

(a)
as a servant or agent of the Crown, or

(b)
as enjoying any status, immunity or privilege of the Crown.

      (2)
DBS’s property is not to be regarded as property of, or property held on behalf

of, the Crown.

Payments in connection with maladministration

16  (1)
Sub-paragraph (2) applies if DBS considers—

(a)
that action taken by or on behalf of DBS amounts to

maladministration, and

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

      (2)
DBS may, with the approval of the Secretary of State, make such payment (if

any) to the person as it considers appropriate.

      (3)
In sub-paragraph (1) “action” includes failure to act.

Incidental powers

17  (1)
In connection with the exercise of any of its functions DBS may—

(a)
enter into contracts and other agreements (whether legally binding or

not),

(b)
acquire and dispose of property (including land),

(c)
borrow money,

(d)
do such other things as DBS considers necessary or expedient.

      (2)
The power conferred by sub-paragraph (1)(b) includes accepting—

(a)
gifts of money, and

(b)
gifts or loans of other property,


on such terms as DBS considers appropriate.

      (3)
But DBS may exercise the power conferred by sub-paragraph (1)(b) or (c) only

with the approval of the Secretary of State.

      (4)
Such approval may be given—

(a)
with respect to a particular case or with respect to a class of cases,

(b)
subject to such conditions as the Secretary of State considers

appropriate.

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

Documents

18
A document purporting to be signed on behalf of DBS is to be received in

evidence and, unless the contrary is proved, is to be taken to be so signed.

Transitional

19  (1)
The Secretary of State (instead of DBS) may—

(a)
appoint the first chief executive, and

(b)
decide the terms and conditions of service as an employee of DBS

which are applicable to the first chief executive on appointment.

      (2)
The period of any such appointment must not exceed 5 years (but the person

may be re-appointed under paragraph 4).

      (3)
The person who has the function of chairing DBS may be appointed as chief

executive by the Secretary of State under this paragraph .’.

Lynne Featherstone

Agreed to  241

Title,  line  10,  leave out ‘amend the Safeguarding Vulnerable Groups Act 2006; to make

provision about criminal records’ and insert ‘make provision about the safeguarding of

vulnerable groups and about criminal records including provision for the establishment of

the Disclosure and Barring Service and the dissolution of the Independent Safeguarding

Authority’.

Bill, as amended, to be reported.



© Parliamentary copyright	Revised 18 May 2011