Protection of Freedoms Bill

My Lords, I will speak to the Government’s Amendment 73 and in support of what my noble friend Lord Addington has said. I sincerely thank the Minister for meeting me and sports colleagues and Girlguiding UK and for such a constructive discussion. However, while I am sure that the new amended clause will produce a system that works quickly and efficiently for the vast majority of people—92 per cent was mentioned—there remains, particularly on the sporting side, a concern about governing bodies’ ability to deal effectively with the remaining 8 per cent. Amendment 75, moved by my noble friend Lord Addington, recognises that organisations that take on the responsibility for providing safe environments for children need information about those individuals who may pose a risk. The amendment does not challenge the Government's very sensible aim, which I share, of allowing individuals to dispute inaccurate information. I believe that that period, whether it is 10 days or two weeks, might be appropriate. There are two very sensible reasons to continue sending copies of disclosures to the registered body. The first is that organisations can handle individual cases more effectively if they know whom they are dealing with. The Government's amended system highlights content but does not reveal the details. At present the governing bodies of sport are able to take appropriate action based on an assessment of the individual's unique criminal record. Where the criminal record poses no threat to children, the individual will be approved. Where further information is required to make that judgment, the governing body can make discreet inquiries until it is able to make an assessment. Where information clearly gives cause for concern, measures will be put in place to remove that individual from the sport, but only once the information is confirmed as accurate. Currently governing bodies of sport receive the disclosure directly from the Government, which is an extremely important aspect of the system. I urge the Minister to consider the alternative, which is to ask a governing body to safeguard without full knowledge of the level of risk. If no disclosure is received from the individual after an agreed period, the governing body will have no choice but to presume that that person has something to hide and will act to suspend that person. It goes without saying that this will be hugely damaging to that individual, particularly if the reason for their non-compliance was innocent. There is another good reason to continue sharing disclosures with the registered bodies, and that is that they will be better equipped to deal with the minority of devious individuals who pose a real danger to vulnerable people. One governing body of sport recently had a case in which an individual presented only the first page of their criminal record check, thereby concealing the serious sexual offences on pages two and three of that check. It was only because the governing body was able to compare it with its own copy of the disclosure that it could take the appropriate action without delay. My fear is that by withholding disclosures from bodies that have a duty to protect against such dangerous individuals, we are asking them to engage in an unnecessary game of cat and mouse with people who may seek to use the organisation's blind spot to their advantage. I therefore welcome the Government's ongoing engagement with the voluntary sector on this issue. Amendment 73 goes some way to recognising the sector's requirements, but there are still grave concerns, as my noble friend Lord Addington said, and I would welcome the Minister's assurances that the Government will take into account the circumstances in which national bodies operate and take on board the compromise solution offered by this amendment, with due consideration of the timeframe delay.