Committee (2nd Day)

Part of Protection of Freedoms Bill – in the House of Lords at 6:00 pm on 6 December 2011.

Alert me about debates like this

Photo of Lord Goodhart Lord Goodhart Liberal Democrat 6:00, 6 December 2011

My Lords, what the noble Baroness has said is certainly a move in the right direction and that pleases me considerably. I hope that developments of the kind she has suggested will be brought about and that that will be done without undue delay. This is a serious problem, as the statement made by the Information Commission has shown, so I hope that things will go forward. I will withdraw the amendment but I will bring it back again at the Report stage if there is any reason to believe that there is undue delay or a backward movement in what is proposed.

Amendment 71A withdrawn.

Clause 79 : Restriction on information provided to certain persons

Amendment 72 had been renumbered as Amendment 75A.

Amendment 73

Moved by Lord Henley

73: Clause 79, page 70, line 38, at end insert-

"(3) After section 120AB of the Police Act 1997 (procedure for certain cancellations or suspensions of registration) insert-

"120AC Registered persons: information on progress of an application

(1) The Secretary of State must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application.

(2) Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued.

(3) In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, the Secretary of State may inform the person who made the request that the certificate was such a certificate.

(4) In the case of a certificate under section 113B, if it was a certificate-

(a) stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and

(b) if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued-

(i) is barred from regulated activity relating to children or to vulnerable adults, or

(ii) is subject to a direction under section 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002, the Secretary of State may inform the person who made the request that the certificate was such a certificate.

(5) If no certificate has been issued, the Secretary of State must inform the person who made the request of such other matters relating to the processing of the application as the Secretary of State considers appropriate.

(6) Subject to subsections (2) to (4), nothing in this section permits the Secretary of State to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application.

(7) The Secretary of State may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued.

(8) In this section-

"central records" and "relevant matter" have the same meaning as in section 113A,

"suitability information" means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB.

(9) Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act.""