Protection of Freedoms Bill

My Lords, I thank the noble Lord, Lord Bichard, for putting forward this amendment. His huge experience and understanding of this issue give this amendment strength across the Chamber. Noble Lords will be aware that in the earlier stages of the Bill I put down amendments in relation to further education in particular. From the start, I have been very concerned that the Government's vision of the world of education is just too neat and tidy and has clear demarcation lines. In practice, life is not like that. The Association of Colleges, which represents the colleges, shares those concerns. It suggested that further education and sixth-form colleges should be placed in the same category as schools. The amendment tabled by the noble Lord, Lord Bichard, uses a form of words that takes a different, but appropriate, approach. It is a subtle, flexible approach that is suitable across a variety of settings, not just in further education or the world of education as a whole but in the church, voluntary organisations, leisure activities and so on. In practice, young people develop relationships of trust with people to whom they can directly relate and who are helpful to them. Indeed, they often fight shy of relating to, liaising with or trusting the people who are formally in charge of a situation. Very vulnerable young people will instinctively shy away from figures of authority, so very often they develop a bond of trust with the lady in the canteen who gives them a extra-large helping, the IT technician who helps them sort out their computer, the lady in the library who does not give them a fine when they bring a book back late, or even the groundsman who has found them smoking secretly in a corner and has not told people in authority. Therefore, it is not easy to define that situation. I was concerned because I believed the Government had overlooked the fact that tens of thousands of 14 to 16 year-olds are educated in further education colleges. It is important to remind ourselves that children are under 18 and that two-thirds of A-levels in this country are taken in further education colleges—many, of course, by adults but also a very large number by 16 to 18 year-olds. In addressing our remarks, perhaps the Minister could refer to vulnerable adults. There are many of those in further education colleges, but also in a variety of leisure settings, which could be covered by the definition in the amendment tabled by the noble Lord, Lord Bichard. The Government need to address that situation. Finally, I very much welcome the fact that Amendment 5 puts the onus on employers. It makes it clear that good and responsible employers will be expected to seek that information. The noble Earl, Lord Erroll, referred to risk. It is important that we accept that we cannot rule out risk. Risk will always exist, but this amendment puts the onus on good employers to act in this appropriate manner. I look forward to the Minister's response and I very much hope that he will be able to reassure us that the Government have taken the purpose of this amendment to heart.