Schedule 2
Safeguarding Vulnerable Groups Bill [Lords]
4:00 pm
Parmjit Dhanda (Parliamentary Under-Secretary (Children, Young People and Families), Department for Education and Skills; Gloucester, Labour)
I welcome you to the Chair, Mr. Martlew. I understand that it is your first outing in such a Committee; we are lucky to have you. [Interruption.] The whole Committee obviously agrees.
I shall carry on where I left off. Automatic barring without the right to make representations will result from the most serious sexual offences against children and vulnerable adults, such as the rape or sexual assault of a child under 13 in the case of the children’s barred list, or inducement, threat or deception to procure sexual activity from a person with a mental disorder in the case of the adult barred list. Automatic barring with the right to representation will result from a further list of serious sexual and violent offences, as well as offences relating to the supply of drugs to children. It will be evident from those examples that convictions or cautions for such offences are in themselves evidence of a risk of harm and justify an automatic bar, in the interests of safeguarding vulnerable groups.
More broadly, amendment No. 120 suggests that the decision-making processes of the independent barring board be set out in a code. Paragraph 13 of schedule 2 allows regulations to specify the operational details of how the IBB will carry out its functions. We envisage that the regulations will specify how the IBB will gather evidence, and will deal with representations by the individual, and the processes for verifying and considering the evidence and representations.
The regulations will be subject to the negative procedure. Under the Bill, we have followed generally accepted principles for the delegation of powers. According to those principles, secondary legislation is used for subordinate provisions in cases where the overall legislative framework is clearly in the Bill. Secondary legislation is also used where flexibility is needed to ensure effective implementation and where ability to respond to changing circumstances is required—for example, in respect of the future development of children or the vulnerable adults work force. It may also be used for operational, administrative and technical details that are not normally set out in primary legislation.