Annex 3: Draft International Development (Safeguarding Vulnerable Groups) Bill
Draft Bill drawn up and proposed for consultation by the Committee, arising from evidence heard, and as amended after consultation. Introduced, with leave of the House, on 4 July 2018, by the Chair of the Committee,380 under the Ten Minute Rule (Standing Order No. 23).381
Explanatory Notes
1.Clause 1 of the draft Bill is based on the formulation in the International Development (Gender Equality) Act 2014 which introduced a duty on Secretary of State (for International Development) to have regard to the desirability of providing aid (both humanitarian and development) “in a way which is likely to contribute to reducing inequality between persons of different gender”. Clause 1 of this Bill requires the Secretary of State to provide aid in a way that “is likely to contribute to the safeguarding of children and vulnerable adults from sexual exploitation and abuse”.
2.Clause 2, paragraphs (1) and (2), require and facilitate the amendment of existing legislation to provide for disclosure and barring amongst aid sector personnel which is equivalent to the level required for other regulated activities under the Safeguarding Vulnerable Groups Act 2006. Clause 2, paragraph (3), also provides for circumstances where the international community establishes a multilateral, cross-jurisdictional, scheme (a preferred, but currently remote, solution). The provision in paragraph (3) grants a minister, who has indicated to Parliament their satisfaction with the proposed multilateral scheme, powers to amend or repeal regulations under this Act to facilitate the UK’s engagement in the new arrangements.
3.Clause 3 requires the Secretary of State to produce an annual report on the operation of safeguarding within the official development aid sector, including breaches, complaints and incidents.
4.Clause 4 deals with coming-into-force, extent and citation.
5.The Bill does not create the need for significant public expenditure. The current DBS scheme is funded by fees per application, paid by the prospective employer.
International Development (Safeguarding Vulnerable Groups) Bill
Long title
A bill to make provision in connection with the protection of children and vulnerable adults in receipt of official development assistance and disaster relief.
Clauses
1.Duty to have regard to the safeguarding of children and vulnerable adults in receipt of disaster relief and overseas development assistance
(1)The International Development Act 2002 is amended as follows.
(2)In section 1 (development assistance), after subsection (1A) insert—
“(1B) Before providing development assistance under subsection (1), the Secretary of State shall have regard to the desirability of providing development assistance in a way which is likely to contribute to the safeguarding of children and vulnerable adults from sexual exploitation and abuse by persons with responsibilities, duties and powers to deliver, apportion, or otherwise allocate to recipients, goods and services arising from official development assistance.”
(3)In section 3 (humanitarian assistance), after subsection (2)) insert—
“(3) Before providing assistance under subsection (1), the Secretary of State shall have regard to the desirability of providing assistance under that subsection in a way that contributes to the safeguarding of children and vulnerable adults affected by the disaster or emergency from sexual exploitation and abuse by persons with responsibilities, duties and powers to deliver, apportion or otherwise allocate to recipients, goods and services arising from official development assistance.”
(4)The requirement imposed by an amendment made by this section may be satisfied by things done (wholly or in part) before the commencement of the amendment (including things done before the passing of this Act).
2.Delivery of development aid and disaster relief to be a regulated activity
(1)The delivery, apportionment or other allocation of goods and services arising from official development assistance shall be a regulated activity for the purposes of the Safeguarding Vulnerable Groups Act 2006.
(2)The Secretary of State may by regulation amend the Safeguarding Vulnerable Groups Act 2006, or orders and regulations made under that Act, for the purposes of meeting the objective under subsection (1).
(3)Where Secretary of State has made a statement to both Houses of Parliament to the effect that:
(4)effective arrangements have been established to provide for a multi-jurisdictional disclosure and barring scheme applying to the delivery of official development assistance and humanitarian relief, and
(5)the arrangements in paragraph (a) have attracted an appropriate level of support and engagement amongst other donor countries, international institutions and delivery partners
the Secretary of State may by regulation amend, repeal or bring forward, regulations under this Act to enable the United Kingdom to join such arrangements.
(6)A statutory instrument containing (whether alone or with other provision) regulations under subsection (2) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(7)A statutory instrument containing only regulations under subsection (3), is subject to annulment in pursuance of a resolution of either House of Parliament.
3.Duty of the Secretary of State to report to Parliament
The Secretary of State shall lay a report before each House of Parliament each year on:
(1)the discharge of the duties required in section 1,
(2)the breach by any organisation employing one or more persons with the responsibilities, duties or powers mentioned in section 1(2) or (3) of obligations imposed by virtue of section 2, or any regulations made under that section,
(3)the operation of multilateral arrangements entered into under section 2(3), and
(4)any other matter that the Secretary of State is satisfied is relevant to the purposes of this Act.
4.Extent, commencement and short title
(1)This Act extends to England and Wales, Scotland and Northern Ireland.
(2)This Act comes into force on the day after the day on which it receives Royal assent.
(3)This Act may be cited as the International Development (Safeguarding Vulnerable Groups) Act.
380 The Bill was sponsored by Stephen Twigg MP (Lab/Co-Op) (Chair of the IDC), Mrs Pauline Latham OBE MP (Con) (member of the IDC), Mrs Maria Miller MP (Con) (Chair of Women and Equalities Committee), Sarah Champion MP (Lab) (member of the Women and Equalities Committee), Chris Law MP (SNP) (member of the IDC), Jim Shannon MP (DUP spokesperson on human rights), Caroline Lucas MP (Green Party), Layla Moran MP (Liberal Democrat), Mr Virendra Sharma (Lab) (member of the IDC), Mrs Helen Grant MP (Con) (Trustee of the Human Trafficking Foundation), Paul Scully MP (Con) and Lloyd Russell-Moyle MP (Lab/Co-Op) (members of the IDC).
381 See House of Commons debate (Hansard), column 356ff, 4 July 2018. Private Members’ Bills, introduced via the Ten Minute Rule, often make no further progress.
Published: 31 July 2018