‘(1) A person commits an offence if—
(a) he is involved in the provision of regulated activity as defined by section 5 of the Safeguarding Vulnerable Groups Act 2006 for which he is paid;
(b) he is a provider of regulated activity as defined by section 6 of the Safeguarding Vulnerable Groups Act 2006;
(c) he becomes aware that a child has been harmed in connection to the regulated activity; and
(d) he does not inform a relevant authority of this harm.
(2) A person does not commit an offence under this section if—
(a) he can demonstrate he acted in the best interests of the child, or
(b) he complied with relevant professional guidelines or institutional guidelines for the reporting of abuse as he believed them to be, complying with institutional guidelines for the reporting of abuse can include informing another individual with relevant safeguarding responsibilities.
(3) In this section “harm” means conduct which amounts to one of the following offences—
(a) cruelty to and neglect of children;
(b) cruelty to children/young persons;
(c) child abduction;
(d) rape of a female child under 16;
(e) rape of a female child under 13;
(f) rape of a male child under 16;
(g) rape of a male child under 13;
(h) sexual assault on a male child under 13;
(i) sexual assault on a female child under 13;
(j) sexual activity involving a child under 13;
(k) sexual activity involving a child under 16;
(l) sexual exploitation of children;
(m) abuse of position of trust of a sexual nature; and
(n) sexual grooming.
(4) The Secretary of State may, by way of regulation, make guidance as to the interpretation of subsection (2) or amend subsection (3).
(5) Any regulations made under subsection (4) must be subject to an affirmative procedure of both Houses of Parliament.
(6) In this section “relevant authority” means—
(a) the local authority with safeguarding authorities;
(b) the local police force; and
(c) the Disclosure and Barring Service.
(7) A person guilty of an offence under this Part of this Act shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both such imprisonment and fine;
(b) on conviction on indictment, to imprisonment for a term not exceeding three years.”—(Diana Johnson.)
Question put, That the clause be added to the Bill.
The House divided:
Ayes 212, Noes 305.