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Safeguarding Vulnerable Groups Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 156. I shall speak also to the other amendments in this group. These amendments concern the criteria and arrangements for placing individuals on the barred lists. They respond to a variety of issues raised in previous debates and include provisions to enable the transfer of individuals from the existing barred lists. Amendments Nos. 196 and 197 clarify that no one under the age of 18 will be automatically barred as a result of offences committed or orders, such as sexual offences prevention orders, made when they were under the age of 18. I know that that was another issue of concern in the House when we first debated the Bill. Pornography was much debated in both this House and another place. Amendments Nos. 173 to 177 and 181 to 186 align the references to pornography in relation to the vulnerable adults’ and the children’s barred lists, fulfilling commitments that I made on Report. Any behaviour involving pornography that harms a child or vulnerable adult is already covered under the harm provisions. These amendments catch any other conduct involving pornography that may indicate a risk to the vulnerable but not necessarily harm them. The Bill already grants the Secretary of State the power to give guidance, and the amendment adjusts this provision to ensure that guidance can be given about what is inappropriate behaviour involving violent pornography. It is intended that this should be used so that acceptable behaviour involving adult pornography is excluded from consideration. Amendments Nos. 172, 178, 180 and 187 make clear in the Bill that a two-stage test applies in discretionary barring cases. Where someone is being considered for barring because he has engaged in ““relevant conduct””, such as behaviour that has harmed a vulnerable individual, the IBB must first be satisfied that the individual has engaged in that behaviour and then decide whether it is appropriate to bar the individual. Where someone is being considered because they may pose a risk of harm to vulnerable groups, the IBB must first be satisfied that the individual poses a risk of harm and then decide whether it is appropriate to bar the individual. Amendments Nos. 156 and 250 create a new clause and new schedule specifying powers to transfer individuals from existing barred lists to the new barred lists relating to children and vulnerable adults. These amendments add detail to the provisions that were already in the Bill. Paragraph (1) of the new schedule allows the Secretary of State to require the IBB to advise him on decisions under current schemes to ensure a smooth transition. Paragraphs (2) and (3) relate to children and vulnerable adults respectively, enabling the Secretary of State to make an order setting out the procedures to be followed for transition. The Delegated Powers and Regulatory Reform Committee has highlighted a procedural uncertainty in relation to the power to ““prescribe”” in Amendment No. 250; Amendment No. 250A resolves this uncertainty. Amendment No. 250 enables the Secretary of State to prescribe the procedure to be followed by the General Teaching Council for England when considering an application to be eligible to be registered as a teacher from someone who is ineligible for GTC registration due to having been on List 99 because of professional misconduct and who is not included in the children’s barred list. The intention was that the amendment should make similar provision to enable Welsh Ministers to prescribe through regulations procedure in relation to the General Teaching Council for Wales. Amendment No. 250A clarifies the procedural matters raised by the Delegated Powers and Regulatory Reform Committee, particularly in relation to the Welsh Ministers’ power, supplementing the general provisions in relation to subordinate legislation in Clauses 60, 61 and 64. It also puts beyond doubt that the regulations will be subject to the negative resolution procedure. Amendment No. 199 ensures that a court will inform an offender that, as a consequence of conviction for specified offences, they will shortly be barred automatically by the IBB. That provides clarity at the earliest possible moment for the individual in question. Finally, Amendment No. 170 gives the IBB a power to make ex gratia compensation payments to any individual adversely affected by IBB maladministration. Moved, That the House do agree with the Commons in their Amendment No. 156.—(Lord Adonis.)