Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009

Before I start, I should like to declare an interest as a provider in social care. The needs of vulnerable groups in the UK are certainly a huge priority for us all. Careful attention must be given to ensuring that they and their interests are protected. Developing a robust system that has the confidence of the public and all those working with children and vulnerable adults is delicate work. Provisions need to be precise and watertight to avoid the possibility of loopholes being sought. Such an instance would have disastrous effects and in many cases cause serious harm to children and vulnerable adults. This is particularly so in a scheme that operates in England, Wales and Northern Ireland, with parallel provisions being developed by Scottish Ministers. The ISA was set up to prevent unsuitable people working with children and vulnerable adults. The ISA has the authority to make legally binding decisions on a case- by-case basis about whether a person is suitable to work with these groups. Only individuals who are judged not to pose a risk to vulnerable people can be ISA registered. Employers who work with vulnerable groups will be permitted only to recruit people who are registered. The ISA can bar undesirable individuals from accessing vulnerable children and adults and will hear representations on certain automatic barring provisions where this is facilitated by the legislation. This is both welcome and necessary. This SI builds upon the ISA’s responsibilities by adding new ones and amending the definition of "activity", as well as making transitional arrangements from the current system of barring and vetting. While we support the overall spirit of what this SI aims to achieve, I have concerns and there are areas in which I would like to seek greater clarity. The new system is complex and relies on the accurate and speedy work of a number of different organisations that will require extensive auditing, and, despite continued pressure from our Benches, it still contains considerable flaws. Although the SI proposes some changes to the responsibilities of the ISA, it does not address any of the underlying weaknesses of the ISA itself or some of the inconsistencies in the provisions of the Safeguarding Vulnerable Groups Act 2006. The Act states that any "frequent" contact with children and vulnerable adults requires registration with the ISA. The then Minister qualified "frequent" as: ""Typically, more than one day a month and a contract of more than a week defines frequently"." Will the complexity of registering with the ISA stop some organisations using volunteers and stop some volunteers from coming forward? Would not the system be more effective if employers were given more responsibility to use their discretion? Can the Minister update the Committee on the ISA’s IT systems and the IMPACT programme? Can she assure us that it is now operating in every force in the country? What progress is being made on the correct storage of soft information and intelligence? If not currently, when will IMPACT be fully operational? There will be online access for both employers and some parents. What progress is being made to ensure that these systems are secure? The Minister will be aware of the considerable problems experienced in the United States. Eleven states have experienced problems with security systems leaving sex offenders able to change their own data online. What plans are already in place to ensure that this will not occur in the United Kingdom? Overseas workers remain a real concern. Most EU member states do not have central criminal records. Some 10 per cent of youth and community workers, 15 per cent of care assistants and home carers, 20 per cent of nurses and 10 per cent of teachers are from overseas. The majority are from countries in Asia and Africa that have no system of collecting criminal data centrally. The ISA can include offences committed overseas, but is entirely dependent on the migrants passing on this data themselves. The Government have said that they are developing protocols with 21 countries. How many of these protocols are now in place and operational? It would be helpful to know why full implementation has been delayed. The extended period of transition caused by these delays requires the ISA and CRB to adopt different procedures and work in different ways over a prolonged period of time until July next year, rather than October this year. Is the Minister confident that implementing the different procedures and work practices in this order, for even longer periods than originally thought necessary, will not create room for error? The new system is complex enough, but we are requiring parallel systems to work over a longer period. The radical changes brought in with the new system could cause chaos without an extensive communication campaign to employers and employees. What is the Minister doing to ensure that this does not occur? Article 9 of the order modifies Schedule 3 to the Act, regarding automatic barring. This puts in place an interim solution to this issue until legislation comes fully into force. Article 11 modifies Section 113BA of the Police Act to change the information shown on criminal record certificates to show whether a person is eligible to work with children and vulnerable adults, or whether they are being considered for barring. Who will monitor whether that change in the system is properly implemented? It is a vital part of the process, and any error in an untried procedure would be unacceptable. How many cases will be affected by these transitional arrangements? Can the Minister reassure the Committee that the order is compatible with the Convention on Human Rights? The ISA staff can take as evidence not just criminal convictions and cautions but also mere allegations. Even if one has been found innocent beyond all reasonable doubt, the ISA may still come to its own conclusions on whether someone really did commit a crime. The right to work of an estimated 11.3 million people will be determined by the ISA without the protection of a judge or jury. As the Minister will be aware, there are already a number of cases in the courts. Is she aware of the possibility that the Act could unintentionally criminalise individuals? People applying for jobs that are "regulated"—that is, jobs that bring them into indirect contact with children, such as a receptionist at a dental surgery—also need to be registered with the ISA. Will applying for such a job without being registered be a criminal offence? Why do the Government consistently work from the cynical assumption that the public cannot be trusted to use their own common sense? Why do they not see that what is necessary is greater flexibility and trust? We must ensure that we do not open the door to a whole raft of unintended consequences in our desire to be prescriptive. I look forward to the Minister’s response.