Safeguarding Vulnerable Groups Act 2006 (Specified Scottish Authority and Barred Lists) Order 2019

Lord Rosser Excerpts

Wednesday 26th June 2019 Lords Chamber

[Lord Rosser (Lab)]

My Lords, I thank the Minister for the explanation of the purpose and content of this draft order, to which we are not opposed. Having said that, I hope that the Minister feels more confident than I do that she fully understands it. Much of what I want to say is taken unashamedly from the recent report from the Secondary Legislation Scrutiny Committee, and also, in part, from the wording of the Explanatory Memorandum. I will also raise a couple of points in the light of what was said when the draft order was considered in the Commons.

The Safeguarding Vulnerable Groups Act 2006 sets out the arrangements under which the Disclosure and Barring Service may bar individuals from certain roles which involve working with children or vulnerable people in England and Wales. It also includes provisions setting out the relationship between the barred lists maintained under devolved legislation in Scotland and Northern Ireland. Section 74 of the Protection of Freedoms Act 2012 amended the 2006 Act to place restrictions on duplication with the Scotland and Northern Ireland barred lists. The purpose of this order, as I understand it, is to implement that statutory restriction with regard to Scotland, so that the barring lists of England, Wales and Scotland do not duplicate each other. The restrictions on duplication under the 2012 Act apparently arise from concerns that double barring might create a further burden on individuals who wish to challenge their inclusion on the barred list, as they would need to pursue separate appeal and review processes in each jurisdiction. Duplication also gives rise to the potential that, if an individual’s challenge was successful in one jurisdiction but not another, he or she would remain barred across the whole of the United Kingdom.

The Secondary Legislation Scrutiny Committee asked why, given that the restriction on duplication was introduced in 2012, it was only now being implemented. The answer from the Home Office was that responsibility for the Disclosure and Barring Service was changed to the Home Office following the passage of the 2012 Act, and the delay in bringing the measure forward was an oversight. What changes in processes or procedures have now been put in place to prevent what appears to be a seven-year oversight happening again in the Home Office? It does not inspire confidence in governance arrangements, which one would have thought might have been of some concern to the Home Office board—assuming that body still exists.

In its report on this draft order, the Secondary Legislation Scrutiny Committee said that the Disclosure and Barring Service did not have the technical capability for the automatic exchange of information with Scotland. The committee went on to say that, while it had no information about the efficiency or effectiveness of the current cross-checking system, it did have concerns that it appeared to depend on the vigilance of officials who operate the lists. Could the Minister comment on that point from the committee about the current arrangements and the efficiency and effectiveness of the current cross-checking arrangements? Also, what assurances, backed up by hard evidence, can the Government now provide?

The Committee also reported that a new IT system is planned, to make such cross-checks automatically. It seems that the current IT contract has been terminated, but that there is an extension notice until January 2020 to ensure continuity of services while the procurement process transitions to new suppliers. The committee went on to say that the Home Office could not offer a clearer indication of when the capability to undertake automatic checking of Scotland's barred list would be in place.

Continuing, the committee suggested that the House might wish to seek assurances, which are what I am now asking from the Government, about what mitigation is in place to offset any risk that information about individuals on a barred list in one jurisdiction may inadvertently fail to be shared with another jurisdiction. Also, will the Government provide further information about when and how the new IT system will achieve compliance with the requirements of Section 74 of the Protection of Freedoms Act 2012, to which I referred earlier?

During the debate on this order in the Commons, the shadow Minister expressed her concern that, if the safeguarding of vulnerable adults and children is to be taken seriously—as I do not doubt for one moment that the Government do—we need to bear in mind that some cases of child abuse, trafficking and rape appear to be being dealt with by out-of-court disposal orders, which apparently means that they are omitted from DBS checks. The Minister in the Commons did not appear to respond to that point. Could the Minister now respond on behalf of the Government? Are there examples of such serious offences being dealt with by out-of-court disposal orders—and, if so, do the Government take the view that there is no potential danger in excluding them from DBS checks?

A further point was raised by a Conservative MP when this order was debated in the Commons. He drew attention to the fact that people posing a risk to children was an international problem and not simply a UK problem, and asked what progress had been made in the exchange of information with other countries. The same MP also asked about the length of time taken to get DBS clearance, and referred in particular to teachers who were new to a school, or newly qualified, because in the past it had led to such teachers not being able to take up their position. He asked for an assurance that the time taken to give clearance to essential public workers in particular was not an ongoing problem. The Minister in the Commons promptly gave that assurance, but gave no information on how long such clearance was now taking, and said that the list was,

“reducing at an acceptable rate”.—[Official Report, Commons, 18/6/19; col. 160.]

That is not the same as saying that clearance times are now deemed to be acceptable. Can the Minister provide information on how long DBS clearance is now taking? If it is above an acceptable time span, what is the target figure?

Finally, the Minister in the Commons said that she would be writing to Tim Loughton, the MP concerned, on the issue he had raised about exchange of information with other countries. I too am interested in that point, and I would be grateful if I could be sent a copy of the Commons Minister’s reply.

[Lord Hope of Craighead (CB)]

My Lords, I welcome this order as achieving the necessary consistency between the two jurisdictions. Nobody doubts the value of the barring system in protecting vulnerable children from abuse in its various forms. The position in Scotland is accurately set out in paragraph 7.6 of the Explanatory Memorandum, which states:

“Existing Scottish legislation does not require Disclosure Scotland to consider individuals for barring where the individual has already been considered by the DBS”,


in England or Wales,

“and the DBS has considered all relevant information. Nor does it require Disclosure Scotland to apply a bar in cases that are barred under England and Wales legislation”.

That sets out what in Scotland is the system to avoid duplication, and also to maintain consistency.

As I understand it, the aim of this order is to achieve the equal position in England, Wales and Northern Ireland, with a view to enabling the authorities on both sides of the border to work together better to protect children and vulnerable adults. I think that every noble Lord in this House would support the broad aims. I am not in a position to join with the noble Lord in the criticisms he made—I do not have that information. As far as I am concerned, the order deserves to be supported because it is achieving what everybody wished it to achieve: consistency to enable the authorities to work together.

--- Later in debate ---

I think that I have answered all the questions, but if I have not—

[Lord Rosser]

The Minister has certainly answered my questions, for which I am grateful, but I want to pursue one issue—I do so seriously and not frivolously. The secondary legislation committee had asked why, given that the restriction on duplication was introduced in 2012, it was only now being implemented. The answer came back that it was an oversight. My question is simply this: was that because of a breakdown in processes and procedures, or was it just bad luck? Has this been looked into? Is the Home Office taking steps to make sure that such a thing cannot happen again?

[Baroness Williams of Trafford]

What I do know is that it was originally brought in in 2009. I accept that the noble Lord would like more detail. I think that it is simply an omission, which we often correct in secondary legislation, but if there is anything further to add, I will get the information to him.