Written question asked by Lord Davies of Stamford (Conservative) on Monday, 23 January 2006, in the House of Commons. It was due for an answer on Wednesday, 25 January 2006. It was answered by Andy Burnham (Labour) on Monday, 30 January 2006 on behalf of the Home Office.

Criminal Records Bureau

Question: To ask the Secretary of State for the Home Department (1) what assessment he has made of the extent to which the rules under which the Criminal Records Bureau can divulge former convictions, including spent convictions, to prospective employees are consistent with the Rehabilitation of Offenders Act 1974; and if he will make a statement;

Answer: The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 sets out those occupations and positions exempt from the provisions of the Rehabilitation of Offenders Act 1974 (the Act). This provides that persons employing individuals in those occupations and positions are exempt from the provisions of the Act and may therefore ask an individual to reveal details of all convictions, both ‘spent' and ‘unspent', under what is termed as an ‘exempted question'.The positions generally involve work with children and vulnerable adults, work involving the administration of justice and other employment of sufficient sensitivity to warrant a higher than normal level of criminal disclosure on public protection grounds. The Exceptions Order is updated periodically, ensuring that it reflects changes in risk to employers and the public.The Criminal Records Bureau operates under the Police Act 1997. This provides that when applying for one of the two higher level Disclosures, Standard and Enhanced, an application must be accompanied by a statement from a registered person that the Disclosure is required for the purpose of asking an ‘exempted question'. Accordingly release of conviction information by the criminal Records Bureau is fully consistent with the Rehabilitation of Offenders Act 1974.

Secondary information

Type: Written question
Reference: 46015; 442 c199-200W;442 c199-200W
Session: 2005-06
Subjects: Disclosure of information Criminal records Convictions Criminal Records Bureau
Legislation: Rehabilitation of Offenders Act 1974
Link: View this Written question on www.publications.parliament.uk