I beg to move amendment (a) to Lords amendment 30.

With this we will discuss the following:

Lords amendment 31, and amendment (a) thereto.

Lords amendments 32 to 47.

Lords amendment 48, and amendment (a) thereto.

Lords amendment 49, and amendment (a) thereto.

Lords amendment 50, and amendment (a) thereto.

Lords amendments 53 to 55.

Lords amendments 57 and 58.

Lords amendment 60 and 61.

Lords amendment 63.

Lords amendment 67.

Lords amendment 69.

Lords amendment 102, and amendment (a) thereto.

Lords amendment 103, and amendment (a) thereto.

Lords amendments 104 to 113.

Lords amendments 117 to 132.

Lords amendments 138 to 145.

I wish to put on the record the fact that Lords amendments 33 to 36 are very welcome, as they relate to a matter raised in Committee and on Report, and directly with the Prime Minister. Originally, the Government planned that anyone committing a serious sexual offence against a child would not automatically be placed on the barred list unless they had worked with children or planned to do so. We are pleased that the argument we made in Committee has been accepted by the Government and that now, for all serious sexual offences committed against a child, the perpetrator will automatically be placed on the barred list. The original plans were bureaucratic and appeared to the general public to leave children in a potentially vulnerable position, so we very much welcome the Government’s action.

Both Houses of Parliament have debated extensively the vetting and barring part of the Bill. One of the key issues debated at length was what constitutes “supervision” of a volunteer and how that relates to ensuring that children are properly protected. Initially, in the Commons, the Government turned their face against defining “supervision”, but they have now set out a definition, albeit a very weak one, in amendments 30 and 31, which refer to both children and vulnerable adults.

At this stage, I wish to refer to the excellent report by the all-party group on child protection, chaired with great knowledge by my hon. Friend Meg Munn, which also called for a tightening up the definition of “supervision”. Amendments (a) to Lords Amendments 30 and 31 deal with this issue, and it is important to set out why the definition of “supervision” is so important.

Under the Government’s new system, any employer, voluntary sector body or charity will be aware that, from the Bill’s enactment, they will be able to obtain full disclosure of information about an individual only if that person is in “regulated activity”, which is now much more narrowly defined in the Bill. To take schools as an example, we know that all employees in a school will be in “regulated activity”, so full information on teachers and caretakers, including details of cautions, convictions and barred status, and any soft information, will be available. However, we also know that if we delve a little further in a regulated setting, we find people who might have volunteered within the school—to read with the children in an individual classroom a few times a week, for example. They will not be deemed to be in “regulated activity” if they are supervised within the school. Will the Minister clarify whether the school will be committing an offence if it requests information on the barred status of a volunteer who is supervised? The measures mean that schools will not have the right to any information about whether a volunteer had been barred by the Independent Safeguarding Authority. If a school decides to apply for a Criminal Records Bureau check, they will be provided only with very basic CRB check information.

I will return to this point in relation to Lords amendment 48, but first let me address the question of supervision. There is genuine concern that “supervision” is a very loose concept, which can mean many different things to different people, and that could put children and vulnerable adults at risk.

I thank my hon. Friend for giving way and for her kind words. I apologise that I was not quite in the Chamber when she started speaking. Are there not two areas of risk? First, if someone has something in their background that has previously been identified, it should be notified to the school so that the school can make an appropriate decision. Secondly, the supervision needs to be close to ensure that the behaviour and propensity to groom a child and build a specific relationship with them can be identified sooner.

I am grateful to my hon. Friend. She speaks with great knowledge and makes very important points. Those two issues are key when it comes to looking at supervision, volunteering and information sharing. The problem is with the looseness of the definition of supervision. Supervision must be close enough to make it meaningful. When a volunteer is in a classroom engaging in an activity such as teaching a child to read or listening to a child read, there is a formation of trust between the volunteer and the child. That might be in a classroom where a teacher and teaching assistant are present, but unfortunately grooming could be taking place in some cases. Similarly, a volunteer sports coach develops a level of trust and relationships with young people on the sports field. Such bonds and levels of trust are also formed in youth clubs.

A number of highly informed Lords raised those questions in the other place. I pay tribute to the excellent contributions of the noble Baronesses Royall and Butler-Sloss, the noble Bishops of Hereford and of Newcastle and the noble Lord Bichard who, as we all know, conducted the Soham inquiry and has great knowledge of this area of child protection. I ask the Government to reconsider what the noble Lords said from a position of great knowledge and experience.

It is very important that, wherever possible, supervision is meaningful and ensures that everything can be done to make sure that volunteers behave properly at all times and that children are kept safe. The vast majority of volunteers give their time freely and want to give something back to society, and we applaud them for doing that, but we know that people who want to harm children are very devious and manipulative. They are always looking for a way to access children, and if there is a weak link in the chain—the weak supervision of volunteers, for example—they will use that to their advantage. So that employers fully understand all their responsibilities in having volunteers on site or within their organisation, and use best practice in dealing with volunteers, it is important to provide a proper definition of supervision and guidance.

The Sport and Recreation Alliance, Fair Play for Children and many other charities have highlighted the problems of using the notion of supervision to decide whether a person is in a position to exploit their relationship with children from reading with children in a class or volunteering as a sports coach. We have considered several definitions of supervision in our deliberations on the Bill. One was about day-to-day supervision, but after a long debate it was felt that that definition would not be enough to ensure close supervision. For example, a football coach could see their supervisor for a quick chat at the beginning of the day and that could be it for their supervision for the day. They could then be with children for long periods of time each day, perhaps taking them to a distant football field for several hours out of the supervisor’s eyesight and earshot. Similarly, a drama volunteer could be working with children in another room away from a supervisor, week in week out. They might have a short supervision once a day with the supervisor, but for the majority of the time they could be away from any real oversight. Most people would think that such volunteers should be subject to full background checks, and that if they are not, they should be effectively and constantly supervised.

The definition of supervision we have set out in amendment (a) in lieu of Lords amendment 30 is

“constant monitoring by an individual engaged in a regulated activity who is on the same site and able to maintain close visual and audio contact with the individual who is under supervision.”

We believe that definition is helpful and sets out for everyone who needs to read and act on it the required standard and what is expected when supervising a volunteer in regulated activity. Given the importance of this issue, I will seek to press the amendment to a vote to test the opinion of the House.

Lords amendment 48, which the Government tabled in the other place, provides welcome clarification on how police forces should record cautions. The effect seems to be that cautions will now always be treated as convictions. The inevitable result of that will be that many more cautions will be disclosed on CRB checks. Given that the Government are to disclose more information on CRB checks, I am surprised that they continue to block the release of information on barred status to a school or voluntary organisation. That is why my hon. Friends and I tabled amendment (a) in lieu of Lords amendment 48, under which barred status issued by the Independent Safeguarding Authority would be treated in the same way as a conviction or caution. Under our amendment, barred status could be disclosed to a school or voluntary organisation when they request an enhanced CRB check on a volunteer. The Government appear to be making it an offence for such organisations to make a request about barred status, as they previously could.

We have spent many hours discussing in Committee, on Report and in the other place how the arrangement would work. I am concerned that the Government have not heeded the advice offered to them by a range of knowledgeable sources, including the NSPCC, Fair Play for Children and the Sport and Recreation Alliance. Those organisations have all called for barred status to be revealed, as has the noble Lord Bichard, who conducted the review of the Soham murders. He tabled amendments on this issue in the other House for which he had the support of many noble Lords including several bishops. I hope that at this late stage the Minister will reflect on the opinions of so many experts in this field.

Let us consider where these questions might arise. Suppose that a supply teacher is barred from working with children after substantiated allegations of inappropriate conduct are made by four schools. Suppose that teacher then goes to another local authority and volunteers to hear reading in a classroom, twice a week, taking children out of the classroom and working with them on a one-to-one basis for 15 minutes. Under the Government’s proposals the school would be prevented from finding out that that person was barred from working with children. I do not think that is right and I believe that the vast majority of parents would agree with me.

The Government have consistently stated that they do not believe it is proportionate to reveal barred status, but they are happy to reveal any criminal conviction, regardless of whether it is relevant to child protection; similarly, any caution can be disclosed, regardless of whether it is relevant to child protection. Yet information on whether a person has been assessed by experts at the Independent Safeguarding Authority and deemed inappropriate to work with children cannot be disclosed. The Government’s response has been to say that the evidence leading to the barring decision will be revealed. To that end we welcome Lords amendments 37 and 38, but information sharing between the ISA and the police is not enough unless that information is then passed to the school. One of the key recommendations from the Soham inquiry was about the need to share information.

In the case that I outlined, the school is being deprived of two vital pieces of information. The first is the evidence uncovered by the ISA. When the ISA receives a complaint, it investigates it, and follows up references and so on, but the results of the investigation will be withheld from the school. The second piece of information withheld from the school is the analysis of, and decision on, the evidence that was looked at by experts at the ISA. In the example of the teacher, it is now possible that a Criminal Records Bureau check would reveal that a complaint had been made against the teacher, but the school would not know how the complaint had been investigated or whether it had been substantiated. That is not really fair to the individual or to the pupils being put in danger. In the future, there will be no way to distinguish between a malicious accusation and one that has been investigated and upheld, because both will be revealed in the same way.

Given the constraints on time, I will not press that amendment to a Division, but I hope that the Minister has listened to the points that I made. I hope that he will reflect on the expert advice that has been offered, especially in the other place, and will look to introduce through secondary legislation the measures that we suggest.

Finally, I shall comment briefly on the amendments that my hon. Friend Fiona Mactaggart has tabled about human trafficking. Amendment (a) to Lords amendment 49 recognises the important role of the rapporteur. Opposition Front Benchers feel that the Government’s suggested way forward is not acceptable and that an independent rapporteur should report to Parliament annually, so we support that amendment. Amendment (a) to Lords amendment 50 sets out the important role of the legal advocate in ensuring that children who have been trafficked are properly looked after if they come to the attention of the authorities. Again, Opposition Front Benchers offer their support for that important amendment, which would ensure that we complied with the conditions set out in the relevant directive.

In many respects, I am speaking on behalf of the Minister for Equalities, who is also responsible for criminal information; she would wish to be here if it were not for a family emergency.

This group of amendments relates to parts 5 and 7 of the Bill. Part 5 will implement our reforms to the disclosure and barring arrangements, which will scale them back to common-sense levels. The Lords amendments to part 5 address a number of concerns raised by hon. Members in our earlier deliberations on its important provisions. We have had useful debates on the issues in this House and the other place, and I am pleased that Diana Johnson welcomes Lords amendments 33 to 36, which amend clause 67 and relate to the criteria for automatic barring by the Independent Safeguarding Authority.

Our review of the disclosure and barring scheme concluded that it did not make sense to bar somebody if they had never worked, and are unlikely ever to work, in regulated activity. We recognise that this change to the barring arrangements was a matter of concern to hon. Members in this House and in another place, and to partner organisations. We therefore brought forward the amendments, so that people convicted of the most serious offences, such as the rape of a child—in such cases, representations are not allowed—are barred automatically, whether or not they have any link to regulated activity. In all other cases, a person will be barred only if they have been, are, or might in the future be involved in regulated activity. Should they ever apply to work in regulated activity, their details will be passed to the Independent Safeguarding Authority or the disclosure and barring service, which will consider them for barring at that point. I welcome what the hon. Lady said in that regard.

On amendments 30 and 31, obviously there continues to be a genuine difference between the two sides of the House. I listened carefully and intently to what the hon. Lady said. Amendments 30 and 31 amend clause 64, which amends the definition of “regulated activity” and introduces the concept of regular and day-to-day supervision of individuals whose work would be regulated activity if unsupervised. We previously debated at length the appropriate level of supervision; the Opposition suggested that it should be “close” and “constant”; notwithstanding what the hon. Lady has said, we still believe that that formula is unworkable in practice.

When the Bill left this House, it already made provision for the Secretary of State to issue guidance on the meaning of “day to day supervision”. Amendments 30 and 31 require the level of supervision to be reasonable in all the circumstances for protecting children. That qualitative threshold, coupled with the statutory guidance, will assist employers and voluntary organisations in making appropriate judgments as to which of their supervised staff or volunteers fall within or outside the scope of regulated activity. The hon. Lady’s amendments to Lords amendments 30 and 31 would remove the definition of “day to day supervision” in clause 64 and replace it with:

“constant monitoring by an individual engaged in a regulated activity who is on the same site and able to maintain close visual and audio contact with the individual who is under supervision.”

Such constant monitoring is, in our judgment, likely to be impossible in practice. A trip away from a classroom, perhaps for a comfort break or something like that, would be enough to cause someone to fall foul of the amendments. The effect of the amendments would be to reinstate all supervised people within regulated activity.

I appreciate that this is a point of difference between us, and I know that the hon. Lady has considered the issue carefully, but as we have said, we believe that although it is right that all paid staff and unsupervised volunteers in specified places such as schools, and unsupervised staff in other places who carry out activities such as teaching and training, should be within regulated activity, it is not proportionate to include other staff in those areas within regulated activity. Lords amendments 30 and 31 make it clear that the test of supervision is whether it is reasonable in all the circumstances for child protection, so if supervision is not reasonable, the person falls within regulated activity, but if it is reasonable, there is no need for them to do so. Our judgment is that that is right, in order to empower employers to make decisions, to reduce unnecessary burdens on employers, and to remove barriers to volunteering. If a grandparent whom a head teacher has known for years wants to help out with reading at their local school, why should the head teacher have to check their barred status, if he or she knows that they present no risk?

However, I repeat the assurances given by my ministerial colleague, Lord Henley in another place: supervised people who work regularly and closely with children will remain eligible for enhanced criminal record certificates, and our guidance on supervision will make it clear that it is best practice to request such a certificate when employees or volunteers are unknown to the organisation, or if checks are needed for new posts or staff moves.

It might make sense for me to talk about the Opposition’s amendment (a) to Lords amendment 48, because there is a strong link between that amendment and their amendments to Lords amendments 30 and 31. The effect of the amendment to Lords amendment 48 would be that the definition of “conviction” in the Police and Criminal Evidence Act 1984 included a person’s inclusion on an ISA barred list. I presume that the intention is that the information should then be included on criminal record certificates.

We have debated the issue of barred list information before. The Government do not think it right to include barred list information on enhanced criminal record certificates, except for posts falling within regulated activity, and a few compelling exceptions, such as when people are applying to foster or adopt a child.

Employers in regulated activity must know about a bar because of its legal effect; otherwise, there is no need to know because it relates to a different area of work and in practice would lead to individuals being excluded from areas of work to which their bar does not apply. In most cases, the information which led to the bar will be available on an enhanced criminal record certificate. When it is not, as Lord Henley also confirmed last week in another place, we will use secondary legislation to allow the ISA to give the police the information which led to a bar so that they can disclose it on an enhanced certificate, if it is relevant to the post applied for.

Bars may apply, for example, because there is a criminal conviction, but equally a bar may apply because someone has been dismissed by their employer in respect of a particular case. In those circumstances the ISA would be able to give the police the relevant information. The police would then be able to determine, through an enhanced check, whether its disclosure was appropriate. We think that that provides an important safeguard.

With the experts at the ISA making a judgment about whether someone should have barred status, why is another layer of bureaucracy introduced by giving that information to the police to allow them to make a further judgment about whether that should be disclosed to a school, for example? Why do we not trust the ISA to make the right decision and disclose that?

This is where we differ on the appropriate way to treat the bar. We believe that if there are circumstances which would otherwise not necessarily have been disclosed for the ISA to make that judgment, it is appropriate to allow that information to be disclosed to the police and for the police to consider the application that they have received on an enhanced check and to judge whether the disclosure of those facts and circumstances is right in that case.

I appreciate that a difference exists between us. We do not see that as bureaucratic. It is about respecting the purpose of the bar and ensuring that on an enhanced check, if the ISA holds relevant information, it can be provided to the police. We have made that clear through our assurances in another place. I hope that that gives greater reassurance on a matter about which I know the hon. Lady feels strongly.

I am concerned that the measure is becoming bureaucratic. We know that when systems are not clear, there is a greater likelihood that people will not follow them properly. Although the Minister may be certain in his own mind that the theoretical operation of the process is justified, is he equally certain that it will be operated in a way that does not allow information that should be shared to fall through the gaps?

We intend that the ISA should provide that information to the police, as I explained. We will be very focused on the way in which the measure is implemented to ensure that that reflects our intentions and that the police have the relevant information for an enhanced check. I recognise that there is a potential point of difference between us on this, but I hope I have explained some of the additional safeguards that we are putting in place.

From what the hon. Member for Kingston upon Hull North said, I do not think the other amendments are contentious. Amendments 37 and 38 to clause 77 would make it clear that the new duty on the ISA—and, in future, the disclosure and barring service—to pass barring information to the police will include passing the whole of the children’s and adults’ barred lists, as well as information about a particular person. This will ensure that the police can obtain real-time access to barring information for safeguarding purposes.

Amendment 40 to clause 79 would make changes to the proposed arrangements for the issue of a single criminal record certificate under that clause. Amendment 40 provides a facility for the Secretary of State to send to a registered body a copy of a criminal record certificate only where the registered body uses the new updating service, as introduced by clause 82, and is informed that a new certificate should be applied for—in other words, that there has been new information since the most recent certificate. If, once that new certificate has been sought, the registered body informs the Secretary of State that the individual has not sent it a copy of the new certificate within a prescribed period and requests a copy of the new certificate, the Secretary of State must comply with that request.

However, a copy of the certificate will not be sent if prescribed circumstances apply. Principally, these will be when the individual has challenged the information on the new certificate. This change will be particularly relevant to large organisations that consider certificates centrally, which will be able to advise their local branches of any issues arising.

Amendment 41 would insert a new clause into the Bill which will strengthen the current powers of the Criminal Records Bureau to refuse to register an individual or organisation as a registered body. Amendment 48 inserts a new clause that will ensure that cautions, reprimands and warnings are recorded on the police national computer in exactly the same way as convictions.

I will deal briefly with the amendments to part 7. Fiona Mactaggart will no doubt wish to speak to her amendments. The House will be aware of the important issue of human trafficking and what the Government are doing to tackle it. We believe that the EU directive on human trafficking, which the UK opted into last October, sends a strong message that we are not a soft target for those looking to exploit others. Amendments 49 and 50 insert two new clauses into the Bill which will broaden the scope of our current human trafficking offences to cover the points in the directive with which this country was not previously compliant.

The first new clause relates to trafficking offences for the purpose of sexual exploitation. Sections 57 to 59 of the Sexual Offences Act 2003 already make it an offence to traffic a person into, within and out of the UK for the purposes of sexual exploitation. In the interests of clarity, the amendment consolidates these existing trafficking offences into one new section 59A and adds the necessary additional provisions to criminalise trafficking by a UK national, regardless of where the arrangement or facilitation of the trafficking takes place and regardless of where in the world the trafficking occurs or is intended to occur.

The second new clause relates to trafficking offences for the purpose of labour or other exploitation, and makes equivalent changes to the first clause by criminalising trafficking by a UK national that takes place anywhere in the world. In addition, it removes the requirement for a belief that the trafficking victim may previously have been trafficked into the UK in the first place, thus making trafficking for labour or other exploitation taking place wholly within the UK an offence. This brings the offence into line with sex trafficking offences and ensures compliance with the requirements of the directive. The Government consider that the amendments to parts 5 and 7 have improved the Bill, but I will listen carefully to what the hon. Lady says in respect of her amendments on human trafficking, a subject in which I know she has long taken a close interest. With the leave of the House, I shall try to respond to any points that she may raise.

That was a very nice introduction from the Minister. I know that he is standing in for one of his colleagues, which is always challenging. In my two proposals which have won support from Members on both sides of the House, although owing to shortness of time only the names of Opposition Members appear on the amendment paper, I seek to ensure that we achieve the whole ambition set out by the Minister—conformity with the European convention and the European directive.

Amendment (a) to Lords amendment 49 would establish a rapporteur on human trafficking, as is explicitly required by the European directive. The argument for that was best made by Mr Bone in a debate in Westminster Hall, when he pointed out:

“One of the problems surrounding human trafficking is the lack of reliable information and data analysis permitting us to assess the scope of the problem in our country. The solution in the UK to that challenge is to establish an independent national rapporteur.”—[Hansard, 8 February 2012; Vol. 540, c. 135WH.]

Indeed, the Council of Europe convention and the EU directive are explicit on that point, requiring member states to appoint national rapporteurs or equivalent mechanisms to assess trends in human trafficking, monitor and measure the anti-trafficking activities of state institutions, gather statistics and report on their findings.

The usual response from Ministers is that the interdepartmental ministerial group on trafficking performs the role of a rapporteur, but that is not true. I used to be a member of the interdepartmental ministerial group, which in those days had better attendance than it has had recently. The body meets twice a year, and more Ministers send apologies than turn up. It does not have the one requirement of a rapporteur, which is to be independent of the Government, that it needs to be properly effective. The group has to provide information independently to Parliament, but it does not report to it. It needs to be able objectively to assess and report on the activities of the Government. The job of Ministers is not objectively to assess the Government, but to progress with the business of Government. Therefore, I think that there was a failure to include that requirement in the two welcome amendments tabled in the other place.

The other amendment I have tabled, amendment (a) to Lords amendment 50, would provide for a dedicated advocate for trafficked children, which is another requirement of the Council of Europe convention and another matter that has secured all-party backing. The amendment is modelled on one that was tabled in another place by Lord McColl, a Government Back Bencher, and supported by Cross-Bench and Conservative peers and the Archbishop of York—it had the broadest possible support. My amendment would put into effect the clear requirement in the directive and the convention that children who have been trafficked should be protected by a guardian. Lord McColl withdrew his amendment following a promise from Lord Henley, who said at the beginning of the debate that he would ask the Children’s Commissioner for England

“to review the current practical arrangements for rescued child victims of trafficking”.

He went on to say that following that review the Government would

“be in a position to come back to these matters at a later stage.” —[Hansard, House of Lords, 15 February 2012; Vol. 735, c. 848.]

I gather from the Children Commissioner’s public remarks that she is concerned about some of these policies. She said:

“A request to review care has not yet been made.”

I expect that a request has since been made. She continued:

“However, if this was received we would give it due consideration, and as a small organisation would seek assurances regarding the independence of our work and the resources that would enable us to undertake this work.”

I gather that, within the commission, one member of staff deals with child protection issues and another deals with refugee and asylum issues, so I think there is a real risk that the responsibility Lord Henley has given the organisation is simply beyond its capacity. The Children’s Commissioner is conducting an important inquiry into the sexual exploitation of children in gangs. It is an inquiry that I absolutely support and think is essential, and she is uncovering genuinely shocking information that we all want to know about and that we want the Government to know about and to act on. However, the fact that she is conducting that inquiry will make it really difficult for her to deliver on the pledge that Lord Henley made.

I would be happy not to press my amendment if the Minister gave the House an explicit assurance that he will ensure that the Children’s Commissioner has sufficient expert resources to conduct that inquiry before the end of 2012. If he gave that assurance, I would follow the lead of their lordships by not pressing the amendment to a vote, because I accept that Lord Henley was seeking to recognise the importance of the commitment and to meet the concern of their lordships, felt universally across the Chamber, about protecting victims of child trafficking.

Let us be clear that the problem with trafficked children is that, even when they are taken into the care of local authorities, they disappear. Government statistics suggest that the number of trafficked children who disappear has fallen from 30% to 20% but, as the number who have been found is slightly smaller than it used to be, I am not sure that we can be utterly confident in those statistics. In any case, if we are saying that one in five children in the care of local authorities disappears, we seem to have a situation that is absolutely intolerable to Members on both sides of the House.

Let us look at the legal case of one of the few child traffickers who have been convicted, Kennedy Johnson, who brought 49 Nigerian children through British airports, mainly Heathrow and Gatwick. He then targeted council care homes, which he told the trafficked children to get into. He picked girls from the care homes and pushed them into the sex trade in Britain, but also in Spain and Italy. His victims kept appearing for years after he was jailed. Barnardo’s has revealed that when some children who had been trafficked into Britain, not through airports but by people smugglers, jumped out of a lorry, they were put in supported lodgings but went missing within 24 hours. Another three children who were put into foster care vanished after several weeks. Of those disappeared children, only one has been found. The rest of them will have been prostituted, after having been taken into care in our name.

I believe that providing guardianship could more effectively protect those children. They have social workers at the moment, but that is not protecting them. Every child in care I speak with says that the problem with their social workers is that they change and do not continue. As was made clear in the amendment in the House of Lords, the proposed advocates would not have to be professional employees of local government or any other body; they could be trained volunteers or employees of charities and voluntary organisations. Children who have been victims of trafficking for sexual exploitation must have someone who is on their side.

I really hope that the Minister can give me the commitment I have requested, which is that the Children’s Commissioner will be able to conduct that work before the end of the year and that the Government will then bring forward proposals to ensure that her recommendations are put into force. That would mean that the only amendment I would have to push would be the one proposing a rapporteur on human trafficking. The interdepartmental ministerial group is a useful tool, but unfortunately few Ministers attend and no Ministers report to Parliament. I am glad that the hon. Member for Wellingborough is in his place, as he is one of the Members who have advocated this most powerfully.

The hon. Lady is making a powerful speech, much of which I agree with. On her point about a rapporteur, I pressed for that in a Westminster Hall debate and, although we did not get the full rapporteur, the Government assured us that we would have an annual report and that it would be debated. I would like the Minister to confirm that. Otherwise, I will join the hon. Lady in the Division Lobby tonight.

I thank the hon. Gentleman for that implied threat, which is at the moment rather more effective coming from his direction than from mine, but nevertheless there is support for the concept on both sides of the House. I know that the Minister is stepping into another Minister’s shoes, and I will keep talking so that he can get that note from his officials, but I believe that if we had an independent rapporteur, we could ensure that our debates about the extent and impact of human trafficking were more effective.

My biggest concern, however, is about more effective protection for children, and I really hope that the Minister will be able to reassure me on that matter.

With the leave of the House, I shall briefly respond to the hon. Lady’s two points about trafficking.

On the first point, about the requirement for a rapporteur under article 19 of the EU directive, we still take the view that the requirement can be met through the inter-departmental ministerial group, but we recognise that the group needs to be reviewed to ensure that it can perform the rapporteur function effectively, and its next meeting, in April, will do just that.

It is also important for me to make it clear that the directive does not stipulate that the national rapporteur or equivalent mechanism be independent of government, but the Government fully recognise that in signing up to the EU directive we must comply with the requirements therein.

In response to the intervention from my hon. Friend Mr Bone, I can confirm that it is intended that there will be an annual report on the group’s activities in that regard. I hope that that is helpful to him.

The Minister has given me half the assurance I sought. The other half was about having not just the report, but having it debated in Parliament.

Unfortunately, the second point is outside my gift and within that of the business managers, but I certainly assure my hon. Friend about the publication of the report, and I hope that my comments on the rapporteur function are helpful.

Secondly, on the hon. Lady’s point about the assurance made by my noble Friend Lord Henley in the other place, the Government intend that we should ask the Children’s Commissioner for England to help to identify where improvements can be made to the practical care arrangements for trafficked children in the way that the hon. Lady highlighted.

I pay tribute to the work of the Children’s Commissioner. The hon. Lady highlighted the work on sexual exploitation, and I know about the very important review that the commissioner is undertaking. I had the privilege to discuss the issue with her at the start of her report, when I had ministerial responsibility for policy on the sexual exploitation of children, and I for one underline her comments on what I am sure will be an extremely important and valuable report. In the context of my noble Friend’s assurance in the other place, therefore, what I can say is that the issue is being considered extremely carefully, and discussions are under way on the scope and time scale of the review, but at this stage I am unable to give the hon. Lady the complete assurance that she looks for in the second of her two amendments. The matter is being looked at extremely carefully and closely in order to give effect to the statements that my noble Friend made in recognising the importance that we attach to receiving such input from the Children’s Commissioner.

Will the Minister respond to my hon. Friend’s excellent point about the appointment of guardians? It was an excellent point that reflects the recommendations of the Home Affairs Committee when we produced our major report two years ago on human trafficking. The appointment of a guardian would provide the best possible protection for such children in care.

The right hon. Gentleman makes an important point, and for the reason he cites we asked the Children’s Commissioner to review the practical care arrangements for trafficked children. We said that the right step at this stage was to seek that input, rather than to seek to legislate, recognising equally that several local authorities are already undertaking some very good practice.

I recognise that, in respect of the hon. Lady’s amendments, that might not be sufficient, but it was important that I respond and set out those points to the House this evening.

Question put, That amendment (a) to Lords amendment 30 be made.

The House divided:

Ayes 207, Noes 300.

Question accordingly negatived.

Lords amendments 31 to 50, 53 to 58, 60 to 67, 69 to 132 and 134 to 145 agreed to.

I should inform the House that Lords amendment 145 should refer to line 12 of the title, which is the last but one line.

Motion made, and Question put forthwith (Standing Order No. 83H), That a Committee be appointed to draw up the Reasons to be assigned to the Lords for disagreeing to their amendments 16, 17 and 18;

That James Brokenshire, James Duddridge, Diana Johnson, Mark Tami and Tom Brake be members of the Committee;

That James Brokenshire be the Chair of the Committee;

That three be the quorum of the Committee;

That the Committee do withdraw immediately.— (Mr Dunne.)

Question agreed to .

Committee to withdraw immediately; reasons to be reported and communicated to the Lords.