Clause 14
Safeguarding Vulnerable Groups Bill [Lords]
1:00 pm
Ivan Lewis (Parliamentary Under-Secretary, Department of Health; Bury South, Labour)
If only it were Mr. Dhanda—but I am here instead. [Interruption.] The hon. Member for East Worthing and Shoreham (Tim Loughton) says that that is not the right attitude; I hope that, by the time I have finished, he will still hold that view. I am delighted to welcome you to the Chair, Mr. Martlew. I shall speak first to the Government amendments. The Opposition can then speak to their amendments, and I shall respond.
Clause 14 lists the regulated activity providers exempted from the obligation of making a vetting and barring check under clause 11 and from ensuring that those engaged in regulated activity are subject to monitoring. Committee members will appreciate it if I outline the clause’s importance. It is crucial that the new scheme should offer flexibility, especially in sectors for which the concept of central vetting will be new, as is the case with many of the sectors exempted under clause 14. Our original intention was to give those sectors the opportunity to phase in checks, as appropriate to their individual services, and give them the freedom to decide internally which members of staff should be vetted. That is why we made provisions under clause 14 to remove exemptions, via delegated legislation, in relation to those groups listed in clause 14(4). That would allow time for the scheme to bed down and enable us to extend mandatory vetting in response to service requirements. However, following debate in another place, we are seeking to make our intentions in that regard clearer in the Bill. I expect that will be welcomed by Committee members.
Amendment No. 155 introduces a sunset clause in respect of paragraphs (d) to (g) of clause 14(1). The paragraphs cover organisations providing recreational, social, sporting or education activities, educational courses, the management of housing and housing-related support services. The effect of the clause will be that those paragraphs will no longer have effect once a period of three years, from the date on which the provisions are brought into force, has elapsed. Once that happens, clauses 10 and 11 will apply to the regulated activity providers with the result that they will commit an offence if they do not carry out a scheme status check and ensure that those whom they employ to carry out regulated activity are subject to monitoring. Individuals who carry out this work will be committing an offence if they are not subject to monitoring as set out in clause 8.
As a safeguard, an order-making power has been included in amendment No. 175. It is there in case there was a problem that resulted in the requirement to check having serious operational consequences for service delivery, and if the exemption needed to be extended for an extra period.
We are all aware that the Bill is a big step forward for the protection of vulnerable adults, bringing about a significantly larger and more diverse work force than ever before. However, as the order-making power is subject to affirmative resolution, the Government and Parliament would need to consider the impact on those receiving such services and make a carefully balanced decision that reflected the risks associated with not imposing a mandatory requirement, and the risks of loneliness and isolation that may be experienced by those whose services were withdrawn. Again, I hope that that will reassure Committee members. I stress, however, that such a power would not be exercised lightly, given the important context in which we are working.
Amendment No. 58 further refines clause 14 by removing the exemption for complementary and alternative therapists, whom we recognise have the opportunity for intimate and personal contact with vulnerable adults. That should be welcomed by hon. Members of both Opposition parties, because they have tabled the same amendment. [Hon. Members: “First!”] They say they did it first, and I am happy to give them that credit. However, I think they knewour intention, given that we had reflected on representations from the other place and organisations outside the House. With that, I urge the Committee to accept the Government’s amendments as being common sense and which offer a sensible way forward and reflect appropriately the debate that was held in another place.