Clause 11

Part of Safeguarding Vulnerable Groups Bill [Lords] – in a Public Bill Committee am 1:00 pm ar 13 Gorffennaf 2006.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Parmjit Dhanda Parmjit Dhanda Parliamentary Under-Secretary (Children, Young People and Families), Department for Education and Skills 1:00, 13 Gorffennaf 2006

May I take that last point first? It will not be incumbent on the employer to do so. The Independent Barring Board and the Criminal Records Bureau will inform future employers. As we discussed on Tuesday, it is the role of the employer to refer information to the IBB if that person has been sacked for inappropriate behaviour, for example involving a child.

The hon. Lady requested a little more information on amendments Nos. 149 and 150, which ensure that the intended policy on the requirement to check is correctly drafted in the Bill when a person can be regarded as engaging in a regulated activity for two different regulated activity providers: for example, a builder on a school site who may be there with the permission of both the school and the construction company. The hon. Lady was alluding to the overlap between the two.

One of the regulated activity providers must be able to rely on a written confirmation from the other that a check has been made on the person instead of having to make his or her own check. Amendment No. 149 is a drafting change to remove a perceived ambiguity from the previous provision. Amendment No. 150 makes it an offence for the other regulated activity provider to give a false written confirmation, thus closing a loophole in the Bill, which is common sense. Amendment No. 151 removes an unnecessary reference to a clause, which happens to be clause 11(6)(a), in clause 11(9).

On amendments Nos. 152, 153 and 171, it may help if I explain some of the Bill’s provisions. Clause 11 requires an employer to obtain relevant information within the meaning of schedule 4 either through an enhanced disclosure or by making a check under schedule 4. Clause 39 currently allows the Secretary of State to prescribe sectors where the ability to make a schedule 4 check is removed and the regulated activity provider is required to have obtained an enhanced disclosure before employment can begin.

The amendments will allow the Government to prescribe sectors where an enhanced disclosure must be  applied for but where a preliminary check showing that the individual was monitored and therefore not barred would allow employment to start in the first instance while the regulated activity provider was waiting for the enhanced disclosure, which I am sure the Committee will see as common sense. The mechanism for making the preliminary check will be prescribed in regulations and we will consult on the circumstances in which the checks will be used.