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

As the noble Baroness is aware, the Independent Safeguarding Authority is chaired by Sir Roger Singleton and staffed by experienced and expert caseworkers. When the registration scheme is up and running, we will have a system that will be the gold standard for the world. I accept that it is taking us time to achieve it, but when we get there, I wholeheartedly believe that there will be great benefits for employers who will be able to use online facilities to get information proactively about the registration status of their employees. That cannot be done using Criminal Records Bureau checks. While there will be real benefits, the transition from the old to the new system is an enormous undertaking. Noble Lords are entitled to feel sceptical about the process of change, but when we get there, we will have the most comprehensive, efficient and user-friendly system. I appreciate that "user-friendly" is not a phrase one would think of using in connection with vetting and barring, but it is important for employers, volunteers and even for people who may potentially be barred that the whole process is run efficiently. The noble Baroness, Lady Verma, was concerned about volunteering. I do not believe that this will create new barriers for volunteers. Bodies such as Volunteering England and the Girl Guides have welcomed the fact that volunteers will be covered by the new scheme in the same way as paid employees. Not to include them could make parents less willing to leave their children with volunteers, or make vulnerable adults more concerned about volunteers who work with them. It is an important step forward, but we need to remember that registration with the ISA will be free of charge for volunteers. Many volunteers are CRB checked at the moment, so the new arrangement builds on that. I accept, though, that this is not widely understood enough in the voluntary sector. The new voluntary sector safeguarding unit that we have established is going to work hard to put that right and ensure that the voluntary and community organisations know how the system will work for them and what the benefits can be. The noble Baroness is concerned about why the transition is taking its time. We want the transition to the ISA to take place in stages in order to ensure both that it is effective and to maintain high levels of protection for vulnerable groups at every stage. We are determined to get this right, so we are not rushing it. This is a serious task and we need to ensure that the current vetting and barring lists will hold as we transfer to the new arrangements. That is what the regulations are about. Noble Lords wanted to know about the numbers on barred lists at the moment and the numbers that are being migrated. In his Statement on 20 January this year, the Secretary of State announced that there were 12,992 people on List 99. That number had risen from the previous year following the implementation of the amended List 99 regulations that came into force in February 2007 and which this House debated in full. The ISA must include or consider including the new barred lists and all those individuals who are barred under the current lists, as you would expect. We will not be able to give a running commentary on the numbers as the ISA works through the list, but a key point to make is that whether 10 people are left on the current barred lists or 100, we need to ensure that the transitional arrangements are in good order so that we can maintain the bars until the ISA deals with those cases and the new system is fully operational. That is why these regulations are before us. The noble Baroness, Lady Verma, was concerned that the arrangements for July will go ahead as planned. We can confirm that the IT systems are on track for delivery in July, and that includes the risk assessment and the security assessment. If she would like me to write to her in more detail—I have a feeling that I will not satisfy her question on security with these answers—I will be happy to do so and copy it to the Committee. The question of human rights compliance is very important. Yes, we believe that the order is compliant; it was stated when the Safeguarding Vulnerable Groups Bill, now an Act, was introduced to Parliament that the scheme would be ECHR-compliant. As noble Lords are aware, we need to follow that procedure when we introduce legislation. With regard to Criminal Records Bureau checks, the noble Baroness asked who will monitor whether changes to the CRB certificates are implemented effectively. The advice I have here states that the independent monitor applies under the Act, and is referred to in Section 28. Again, I am happy to write to the noble Baroness on this question in order to be absolutely clear. Noble Lords were interested in whether it would be an offence for, say, a receptionist in a doctor’s surgery not to be ISA-registered and asked whether, as we go through this period of change, we will be criminalising people as they go through their job applications. I want to make it clear that it is not our intention to criminalise people who apply for a job in good faith. As the noble Baroness will be well aware, the question is going to be whether the job is a controlled activity. There will be a duty on the employer to check the registration status of their employees, but an employee does not commit an offence if he or she is not registered. The emphasis is put on the duty of employers to know which roles in their organisations include controlled activities. I hope that that provides reassurance on the point. I was also asked about timing and when registration for the ISA begins. Registration will begin in 2010. I am sorry, but I shall share something else with the Committee because it is important when considering administrative standards. The aim for those using the system is that 90 per cent will receive their registration number about a week after the completed application to the vetting and barring scheme has been received. The advice I have before me is that we are aiming for pretty decent administrative standards so that those who have to engage with the scheme are not left in a state of uncertainty about their registration, provided that they have made the right application. I want to make a few more points. Concern was expressed about engaging with international protocols. I can confirm that we have an initial agreement with Australia and that we are in ongoing discussions with France and Ireland. This will allow the sharing of criminal records information between our countries. The noble Baroness, Lady Verma, is concerned about this, and rightly so. We are keen to forge international agreements so that we can ensure that this information is shared.