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Criminal Records Bureau

Answer

There is no direct equivalent to the Criminal Records Bureau (CRB) in other EU member states. Each country operates its own arrangements for providing access to criminal record information and the CRB does not currently access overseas criminal records as part of its Disclosure service.The CRB’s Standard and Enhanced Disclosure process contains a check against the Police National Computer (PNC), which may contain details of some overseas convictions relating to British nationals. Enhanced Disclosures also contain a check conducted by police forces for any relevant non-conviction information. The checks are undertaken irrespective of an applicant's nationality or the length of time spent in the UK.Not all EU migrants in, or seeking, employment in the UK are required to obtain CRB checks; the Disclosure service is only available for those positions and types of work included in the Exception Order (1975) to the Rehabilitation of Offenders Act 1974. An individual may become known to the police within days of entering the country and eligible employers should therefore always be encouraged to undertake Disclosure checks regardless of the length of time an individual has been resident in the UK.The CRB introduced an overseas service in February 2003 to provide details and guidance to employers and individuals on how to obtain a certificate of good conduct or a copy of a person’s own criminal record from those countries included in the service. This information can be used in conjunction with the full range of pre-appointment checks to ensure that the prospective employee is suitable for the post.These pre-appointment checks are the responsibility of the employer and a CRB Disclosure is only one part of that process. Full details of the overseas service are available on the CRB’s website at www.crb.gov.uk//overseas.Some countries, including most in the EU, also have arrangements enabling their citizens to obtain certificates of good conduct or extracts from any existing criminal record to show to prospective employers. These may be obtained once the prospective employees have arrived in the UK but it may be advisable for them to obtain the document before leaving their home country.Until earlier this year, there was no overarching legislative framework to enable CRB to approach other member states to obtain details of citizens’ criminal records. However, the Government have introduced legislation that has enabled the CRB to capture overseas conviction data for the first time as part of the Disclosure service.In addition and following a recent EU Council decision the Home Office, in conjunction with the CRB and the Association of Chief Police Officers (ACPO), has become involved in EU initiatives to explore how criminal record and disqualification data across EU states might be used for employment vetting and disclosure purpose. These discussions are at a preliminary stage at present and more information will become available in due course.The CRB is also in discussion with ACPO and others about seeking access to other, non-EU, overseas conviction data. ACPO have agreed in principle to work with the CRB on the development of bi-lateral agreements. However there are some concerns that need to be addressed, including the safety of data for inclusion within the Disclosure service, the legality of sharing data, the safety of UK data provided to overseas agencies and the interpretation of overseas conviction information to ensure that employment decisions are made consistently and effectively.

Secondary information

Type

Written question

Reference

92143; 450 c486-7W;450 c490-1W

Session

2005-06

Subjects

Migrant workers Vetting

Link

View this Written question on www.publications.parliament.uk