Protection of Freedoms Bill

Nigel Evans Excerpts

Tuesday 11th October 2011 Commons Chamber

[Graham Evans (Weaver Vale) (Con)]

The right hon. Gentleman makes an interesting point. Are we not substituting the responsibility of parents for their children? When I was growing up as a wee lad, if I misbehaved on my estate—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We had better move on from internal security, which should not be discussed on the Floor of the House.

[Keith Vaz]

We will talk about this later. What the hon. Gentleman did as a wee lad sounds like a fascinating story.

Back to the point. Let us have a proper debate about this. Let us not let down our constituents, who want to see proper mechanisms for dealing with crime, but let us have in place a proper code that will be looked at carefully, and an organisation or individual to monitor what is going on.

--- Later in debate ---

[Lynne Featherstone]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss Government amendments 23, 24, 64, 29, 30, 32 and 71.

--- Later in debate ---

[Diana Johnson]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Amendment 111, in clause 66, page 49, leave out from line 32 to line 5 on page 53 and insert—

‘(1) In sub-paragraph (3) of paragraph 2 of Schedule 3 to the Safeguarding Vulnerable Groups Act (inclusion subject to consideration of representations), after paragraph (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(2) After sub-paragraph (2) of paragraph 3 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(3) After sub-paragraph (2) of paragraph 5 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(4) After sub-paragraph (3) of paragraph 8 of that Schedule (inclusion subject to consideration of representations) after (b) insert—

“(c) give the person the opportunity to present evidence and call witnesses at an oral hearing in front of a panel of at least two persons.”.

(5) After sub-paragraph (2) of paragraph 9 of that Schedule (behaviour) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.

(6) After sub-paragraph (2) of paragraph 11 of that Schedule (risk of harm) insert—

“(2A) The right to representation must include the right to present evidence and call witnesses at an oral hearing in front of at least two persons.”.’.

Amendment 117, in clause 78, page 64, line 33, at end insert—

‘(3) After section 113A(3) of the Police Act 1997 (criminal record certificates) insert—

(3A) The Secretary of State must make provision to ensure that the registered person is informed when the criminal records certificate is issued.

(3B) The Secretary of State must make provision to send a copy of the criminal record certificate directly to the registered person when the individual consents.”.

(4) After section 113B(4) of that Act (enhanced criminal record certificates) insert—

“(4A) The Secretary of State must make provision to ensure that the registered person is informed when the enhanced criminal records certificate is issued.

(4B) The Secretary of State must make provision to send a copy of the enhanced criminal record certificate directly to the registered person when the individual consents.”’.

[Diana Johnson]

Under new clause 18, the barred status of an individual would be revealed in a CRB check. The House will know that at present, an enhanced CRB check may reveal all convictions and cautions, regardless of whether they are relevant, and allegations made to the police that were not turned into convictions. One gets barred status information only if the person will be working in a regulated activity, and the Bill has produced a narrower definition of “regulated activity” than previously existed. For example, all employed positions in a school are involved in regulated activity and barred status information would be provided for those jobs.

A standard or enhanced CRB check does not reveal barred status. An enhanced CRB check would not reveal that a person had been investigated by experts at the Independent Safeguarding Authority. It would not show that allegations had been verified and references sought, and that the person had been able to make representations. It would not reveal that the Independent Safeguarding Authority had come to an informed decision that the person posed a significant danger to children or vulnerable adults.

What is more, many people on the barred list are not even known to the police. That came out in Committee. The reason could be that the parents do not want to put their child through the ordeal of making a formal complaint to the police, but the school notifies the Independent Safeguarding Authority of concerns about an individual teacher or member of staff. Another scenario is that a supply teacher moves from school to school and, although it is quite clear that there is a problem, the schools just decide not to have the supply teacher back and do not notify the police of their concerns. Eventually, the local education authority may take the view that the ISA should find out why there are so many schools where that supply teacher is not welcome. The ISA might then receive complaints and look at the employment history of the individual and see a pattern of allegations, and the teacher moving on quickly. Again, that might all happen without any formal complaint being made to the police.

With vulnerable adults it is often difficult to substantiate allegations—for example, of theft from dementia patients. A care home might decide not to notify the police, but just to dismiss the employee and notify the ISA. Even though the police do not always get involved in or know about complaints and allegations, such people are clearly a danger to vulnerable people and children, and that information should be made available to their future employers.

It would be a great help to employers, particularly charities and small voluntary sector organisations, if they were informed of concerns that the Independent Safeguarding Authority had looked into, on the basis of which an individual had been barred. The Committee received a number of submissions from sports clubs and organisations that wanted to know that any information about barring would be made available to them when working with, teaching or training young people.

I would like to give the Minister an example and ask her whether such a person will be covered by the proposals in the Bill. X is a former teacher who is barred from working with children following substantiated reports of inappropriate behaviour from three schools. None of the allegations was passed on to the police, as I have explained is common. X presents himself as a retired teacher and volunteers at a primary school. At the primary school, he hears children reading and works one-on-one with the same 10 children every week. Under the current law, the school must check his barred status and would find out about his history. The school would know that information quickly. I understand that schools can obtain barred status within 24 hours.

My understanding is that under the new law, it would be an offence for the school to check his barred status and it would not be given that information. Even if the school followed best practice and conducted an enhanced CRB check, that would reveal nothing, as no allegations had ever been made to the police. There would be no soft information and no criminal convictions on the CRB check. However, this person would clearly be a threat to children in the view of the Independent Safeguarding Authority, and would be on the barred list. As I understand it, under the proposals he would not be prevented from working with children. It would be helpful if the Minister explained why she feels it appropriate that information from the many trained experts at the Independent Safeguarding Authority—specialists in this area who are able to analyse information and allegations—should not be made available to schools and other organisations that wish to rely on that expertise.

I am sure that the Minister will also want to respond to my point about the Bichard inquiry, which as hon. Members know came out after the dreadful Soham murders. The major thrust of the report and recommendations on how to avoid another case like the Soham murders was that information should be properly shared between all interested parties. The Independent Safeguarding Authority is the body that has the most information. All employers, charities, voluntary groups and sports organisations should be able to benefit from its expertise and insight.

Moreover, when a CRB form is processed electronically, barred status comes up immediately. If an employer needs to recruit someone urgently and needs the information speedily, as often happens in the adult care sector because people become ill or move on quickly, they may be tempted to put people into sensitive positions even though they are waiting for a CRB check. I wonder whether the Minister could refer to that issue. This matter is so important that I would like to test the opinion of the House on new clause 18.

Amendment 111, which would amend clause 66, relates to people who commit serious offences. Such people are currently put on the barred list automatically. Since 1933, people who have been convicted of serious offences against children have been banned from working with children. In the Bill, the Government propose that a person convicted of a serious offence should not automatically be barred from working with children. For example, under the new proposals a man working as a lorry driver who had been convicted of raping a child would not automatically be put on the barred list. The test that the Bill sets out is that he would be put on the list only if he was, had been or might in future be engaged in regulated activity relating to children.