We intend that the ISA should provide that information to the police, as I explained. We will be very focused on the way in which the measure is implemented to ensure that that reflects our intentions and that the police have the relevant information for an enhanced check. I recognise that there is a potential point of difference between us on this, but I hope I have explained some of the additional safeguards that we are putting in place.
From what the hon. Member for Kingston upon Hull North said, I do not think the other amendments are contentious. Amendments 37 and 38 to clause 77 would make it clear that the new duty on the ISA—and, in future, the disclosure and barring service—to pass barring information to the police will include passing the whole of the children's and adults' barred lists, as well as information about a particular person. This will ensure that the police can obtain real-time access to barring information for safeguarding purposes.
Amendment 40 to clause 79 would make changes to the proposed arrangements for the issue of a single criminal record certificate under that clause. Amendment 40 provides a facility for the Secretary of State to send to a registered body a copy of a criminal record certificate only where the registered body uses the new updating service, as introduced by clause 82, 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, once that new certificate has been sought, the registered body informs the Secretary of State that the individual has not sent it a copy of the new certificate within a prescribed period 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, these will be when the individual has challenged the information on the new certificate. This change will be particularly relevant to large organisations that consider certificates centrally, which will be able to advise their local branches of any issues arising.
Amendment 41 would insert a new clause into the Bill which will strengthen the current powers of the Criminal Records Bureau to refuse to register an individual or organisation as a registered body. Amendment 48 inserts a new clause that will ensure that cautions, reprimands and warnings are recorded on the police national computer in exactly the same way as convictions.
I will deal briefly with the amendments to part 7. The hon. Member for Slough (Fiona Mactaggart) will no doubt wish to speak to her amendments. The House will be aware of the important issue of human trafficking and what the Government are doing to tackle it. We believe that the EU directive on human trafficking, which the UK opted into last October, sends a strong message that we are not a soft target for those looking to exploit others. Amendments 49 and 50 insert two new clauses into the Bill which will broaden the scope of our current human trafficking offences to cover the points in the directive with which this country was not previously compliant.
The first new clause relates to trafficking offences for the purpose of sexual exploitation. Sections 57 to 59 of the Sexual Offences Act 2003 already make it an offence to traffic a person into, within and out of the UK for the purposes of sexual exploitation. In the interests of clarity, the amendment consolidates these existing trafficking offences into one new section 59A and adds the necessary additional provisions to criminalise trafficking by a UK national, regardless of where the arrangement or facilitation of the trafficking takes place and regardless of where in the world the trafficking occurs or is intended to occur.
The second new clause relates to trafficking offences for the purpose of labour or other exploitation, and makes equivalent changes to the first clause by criminalising trafficking by a UK national that takes place anywhere in the world. In addition, it removes the requirement for a belief that the trafficking victim may previously have been trafficked into the UK in the first place, thus making trafficking for labour or other exploitation taking place wholly within the UK an offence. This brings the offence into line with sex trafficking offences and ensures compliance with the requirements of the directive. The Government consider that the amendments to parts 5 and 7 have improved the Bill, but I will listen carefully to what the hon. Lady says in respect of her amendments on human trafficking, a subject in which I know she has long taken a close interest. With the leave of the House, I shall try to respond to any points that she may raise.
Protection of Freedoms Bill
Proceeding contribution from
James Brokenshire
(Conservative)
in the House of Commons on Monday, 19 March 2012.
It occurred during Debate on bills on Protection of Freedoms Bill.
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2010-12Chamber / Committee
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