Protection of Freedoms Bill

Debate between James Brokenshire and Meg Munn

Monday 19th March 2012 Commons Chamber

[James Brokenshire]

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.

[Meg Munn]

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?

[James Brokenshire]

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.