Protection of Freedoms Bill

My Lords, government Amendment 76 inserts a new clause into the Bill that will strengthen the current powers of the Criminal Records Bureau to refuse to register an individual or organisation as a registered body. A registered body is a body or organisation registered by the bureau as being responsible for the countersignature of applications for criminal record certificates. Such a body will typically be a large employer or voluntary organisation—for example, the England and Wales Cricket Board or the Scout Association. None the less, beyond the minimum requirements for a body currently to be registered by the Criminal Records Bureau, as set out at Sections 120 and 120ZA of the Police Act 1997, the bureau has the power to refuse registration only if it has concerns about an organisation’s ability to properly protect sensitive information that would be disclosed on a criminal record certificate. Some 4,000 bodies are registered with the Criminal Records Bureau and all must adhere to their conditions of registration, which provide for a framework to ensure that registered bodies operate in a fit and proper manner. These conditions include requirements that application fees are paid within 15 days of invoice; that the organisation can demonstrate that it makes every effort to check that the position being applied for by an individual is eligible for a criminal record check; and that the registered body has verified the identity of the applicant before submitting the application. The most common reason for the Criminal Records Bureau to be forced to cancel a registered body’s CRB registration is the non-payment of fees. This is usually where the organisation has continually failed to make the necessary payments to the bureau for the submission of applications to it and has repeatedly failed to pay its arrears or made any substantive offer to do so. Of course, the Criminal Records Bureau will always seek to work with registered bodies as far as possible to address any short-term difficulties where there is an apparent breach of the conditions of registration and before considering any suspension or cancellation action. However, there is a gap in the powers available to the bureau. In practice, this means that an organisation that has previously failed to meet the conditions of registration, such as the non-payment of fees, and has had its registration cancelled can simply re-register, provided that it meets the basic criteria required under Sections 120 and 120ZA of the Police Act. Quite simply, this amendment will close that gap by extending the current powers to allow the Criminal Records Bureau to refuse to register a body that has previously been registered and subsequently removed—for example, due to a breach of the conditions of registration. For any noble Lords who may be concerned that such organisations will therefore no longer be able to carry out criminal record checks, I assure them that the new clause will not impact on an organisation’s ability to apply for criminal record checks—that is, the original organisation that might use a registered body as an agent by which to apply for a check against it. In such circumstances, the organisation will be able to continue to access the Criminal Records Bureau service through another organisation that is registered satisfactorily with the bureau, typically referred to as an umbrella body. I beg to move. Amendment 76 agreed. Clause 81 : Enhanced criminal record certificates: additional safeguards Clause 81 : Enhanced criminal record certificates: additional safeguards Amendment 76B, in substitution for Amendment 76A, not moved. Amendment 77 Moved by