Protection of Freedoms Bill

My Lords, I will also speak to Amendment 55 in the names of my noble friend Lord Addington and the noble Baroness, Lady Royall, and to government Amendments 58, 59, 62 to 69 and 72. First of all, I should say how grateful I am to my noble friends Lord Addington and Lady Heyhoe Flint, who my noble friend Lord Addington has indicated is unable to be with us today, and to other noble Lords—notably the noble Baroness, Lady Grey-Thompson—for the time that they have taken to talk to my noble friend Lord Henley and me about their concerns about the issue of certificates. I hope that, given the amendment that I am able to move today, noble Lords will feel that it is no longer necessary for them to move the amendment in their names. Although the intended effect of Amendments 54W and 55 is broadly similar—namely, that a copy of the criminal record certificate should be sent to the registered body as well as the applicant after a specified period has elapsed—their actual impact is significantly different, as I have said. We have listened to the concerns expressed about the single certificate provisions, and we are keen to ensure that there are no safeguarding gaps in respect of those individuals already employed. Amendment 54W therefore provides a facility for the Secretary of State to send to a registered body a copy of a criminal record certificate in specific and limited circumstances. This facility will apply where a registered body uses the new updating service introduced by Clause 83 and is informed that a new certificate should be applied for—in other words, that there has been new information since the most recent certificate. If the registered body informs the Secretary of State that the individual has not sent to it a copy of their certificate within a prescribed period—we envisage a period of some 21 days —and requests a copy of the new certificate, the Secretary of State must comply with that request. However, a copy of the certificate will not be sent if prescribed circumstances apply, principally when the individual has challenged the information on the new certificate, which is what the noble Baroness and I were just discussing with regard to the last group of amendments. Any such requests made by a registered body will need to be made in a timely manner—there is provision to prescribe a time limit—to ensure the smooth operation of these arrangements. Our proposed change will be particularly relevant to large organisations which consider certificates centrally, and which will be able to advise their local branches of any issues arising. This applies in particular to the examples that my noble friend Lord Addington will no doubt draw on in his contribution to today’s debate. We recognise that there may be occasional instances in which an applicant delays providing a copy of the certificate to their employer. The amendment provides a way for registered bodies to see a copy of the new certificate in those circumstances, while still ensuring that, when an applicant has challenged the contents of the certificate, the employer will not see that information until the challenge has been resolved. We think our approach is more proportionate than that in Amendment 55, as it focuses the registered body’s ability to request a copy of the new certificate when the applicant is already working for them or where the applicant is seeking to cite an existing certificate as part of the evidence that they are suitable to fill a specific role. We have already made provision in Clause 79 for registered bodies to establish when a certificate has been issued to an applicant and whether the certificate is clear. We discussed and amended that in Committee, again thanks to contributions from noble Lords. The amendment means that registered bodies will be able to make appropriate checks for those already working with them. The other amendments in the group are either consequential on Amendment 54W or are otherwise of a minor and technical nature. We have already discussed the statutory guidance today in a different context. Although statutory guidance on the disclosure and barring arrangements will be limited to the issue of supervision, as we discussed, we will be publishing broader guidance on the new arrangements, which will include the single certificate provisions. That guidance will make it clear to those registered bodies that have requested a new criminal record certificate, having been prompted by the new update system, that they can ask the applicant to provide a copy of their new certificate within the specified period after issue. It will also make clear that the registered body can, subject to certain conditions, approach the Criminal Records Bureau or the Disclosure and Barring Service after that point to request that a copy be sent to it. The guidance will contain details on how to do that. Our guidance will take into account the needs of sporting and voluntary bodies. By that, I mean that we are concerned to ensure that the guidance will be developed in consultation with those who will want to use it, so that they can be as robust as they and we want them to be in safeguarding children. I hope that I have covered all the issues, but I will obviously respond to any issues raised by noble Lords. I beg to move.