Report (3rd Day)

Part of Protection of Freedoms Bill – in the House of Lords at 4:30 pm on 15 February 2012.

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Photo of Baroness Stowell of Beeston Baroness Stowell of Beeston Baroness in Waiting (HM Household) (Whip) 4:30, 15 February 2012

My Lords, I am grateful to the noble Baroness, Lady Royall, for her support for this amendment. As I said in my opening remarks, we have listened carefully and are pleased to table this amendment. The only thing that is perhaps worth making clear is that the absence of an automatic bar does not give anybody an automatic right. We have ensured that anybody who has been convicted of the most serious crime and has no opportunity to make representation is automatically barred. However, this does not mean that those who are not automatically barred have an automatic right-the opposite is not true for them. A proper process will follow.

As regards the amendment tabled by the noble Baroness in Committee and plans to review the existing appeals process, we are ensuring that representations can be considered in advance. The change we are making to the barring and vetting process will mean that somebody who is about to be employed in a regulated activity, and is therefore subjected to checks of the kind we are discussing, will receive the certificate and have the opportunity to challenge any information that is on it before it is made available to the employing body. Therefore, the opportunity for that challenge is at the start of the process rather than after a certificate has been issued to a prospective employer or organisation for which somebody might volunteer. Representations can include oral representations-they do not necessarily have to make their appeals or representations in writing-but at the moment we are not planning any further changes to the appeals process.

On the noble Baroness's final point about the police process, if I understood correctly, the point that she was making was that this system of ensuring availability of the barred list should be consistent across all police authorities. I can confirm that that is the case.

Amendment 54B agreed.

Amendments 54C to 54E

Moved by Lord Henley

54C: Clause 67, page 55, line 38, leave out from "person," to end of line 41

54D: Clause 67, page 57, line 23, leave out from "person," to end of line 25

54E: Clause 67, page 57, line 28, leave out from "person," to end of line 31

Amendments 54C to 54E agreed.

Clause 77 : Minor amendments

Amendments 54F to 54H

Moved by Lord Henley

54F: Clause 77, page 70, line 3, after "it" insert "a barred list or"

54G: Clause 77, page 70, line 4, after "a" insert "particular"

54H: Clause 77, page 70, line 10, after "a" insert "particular"

Amendments 54F to 54H agreed.

Amendments 54J to 54L had been withdrawn from the Marshalled List.

Schedule 7 : Safeguarding of vulnerable groups: Northern Ireland

Amendments 54M to 54V

Moved by Lord Henley

54M: Schedule 7, page 148, line 10, at end insert-

"(2C) The reference in sub-paragraph (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned."

54N: Schedule 7, page 149, line 2, at end insert-

"(3BA) The references in sub-paragraphs (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned."

54P: Schedule 7, page 151, line 31, leave out from "person," to end of line 33

54Q: Schedule 7, page 151, line 36, leave out from "person," to end of line 39

54R: Schedule 7, page 153, line 19, leave out from "person," to end of line 21

54S: Schedule 7, page 153, line 24, leave out from "person," to end of line 27

54T: Schedule 7, page 166, line 5, after "it" insert "a barred list or"

54U: Schedule 7, page 166, line 5, after "a" insert "particular"

54V: Schedule 7, page 166, line 12, after "a" insert "particular"

Amendments 54M to 54V agreed.

Clause 79 : Restriction on information provided to certain persons

Amendment 54W

Moved by Baroness Stowell of Beeston

54W: Clause 79, page 72, line 16, at end insert-

"120AD Registered persons: copies of certificates in certain circumstances

(1) Subsection (2) applies if-

(a) the Secretary of State gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate,

(b) the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and

(c) the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate.

(2) The Secretary of State must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person-

(a) has counter-signed the application or transmitted it to the Secretary of State under section 113A(2A) or 113B(2A),

(b) has informed the Secretary of State that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and

(c) no prescribed circumstances apply.

(3) The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person.

(4) In this section "up-date information" has the same meaning as in section 116A."