New Clause 17 — Mandatory reporting of suspected child abuse

Isil – in the House of Commons at 9:00 pm on 23 February 2015.

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Votes in this debate

‘(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.)

Brought up.

Question put, That the clause be added to the Bill.

The House divided:

Ayes 212, Noes 305.

Division number 159 Isil — New Clause 17 — Mandatory reporting of suspected child abuse

Aye: 212 MPs

No: 305 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Question accordingly negatived.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

Secretary of State

Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

teller

A person involved in the counting of votes. Derived from the word 'tallier', meaning one who kept a tally.

Division

The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.