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Safeguarding Vulnerable Groups Bill [HL]

My Lords, I thank the Minister for introducing the Bill to your Lordships’ House. In principle, we on the Conservative Benches welcome the Bill. The safeguarding of vulnerable groups is an issue which must receive a constructive, cross-party approach. The Bichard report exposed an inadequate system of protection. It is positive to see that the Government are now legislating to rectify that. That said, with our support of the general objectives of the Bill, we have a number of questions and concerns about its implementation. We welcome the establishment of the Independent Barring Board. Members of these barring boards must have the requisite skills to form objective and sensible conclusions. Under Schedule 1 to the Bill, the chairman and members,"““must appear to the Secretary of State to have knowledge or experience of any aspect of child protection or the protection of vulnerable adults””." Surely members of these boards must demonstrate more than just appearing to have knowledge or experience. They will be expected to make some difficult decisions. There is a real case for manning these boards with professionals seconded from various authorities such as the police and social services together with committed, proven and competent laymen. One significant area of concern that needs to be addressed is why there is a need for two separate lists, rather than one central point of reference. Should an individual who is barred from working with vulnerable adults reasonably be permitted to work with children and vice versa? I certainly would not feel comfortable knowing that an individual barred from working with my children was providing care to my parents. Research by the Ann Craft Trust has shown that one in five people who sexually abused older people had also sexually abused children. Abuse is about power, not age, and those people who abuse vulnerable adults will potentially abuse children, and vice versa. Ultimately, there is a duty of care that must be provided to all vulnerable groups. It is telling that the Commissioner for Older People in Wales has been established along the same or similar lines and principles as the Children’s Commissioner. We accept that there may be circumstances where individuals need only be placed on one of the lists. However, it would be irresponsible for the Independent Barring Board not to be duty bound to consider individuals who come before it for both lists. If there is a possibility that an individual poses a threat to the vulnerable, there is a real case that the IBB must be obliged to consider them for both lists. Will the lists be accessible over the internet? Who can access the lists? They must be secure, in which case what information will be accessible to employers? Will specific details relating to individuals being barred be available to those using the internet facility? If the Criminal Records Bureau is to provide an administrative function, does it have the necessary resources to cope? We are aware that the computer system, Information Management, Prioritisation, Analysis, Co-ordination and Tasking (IMPACT), is not to be fully operational until 2010. That is certainly a worrying factor. For example, we have concerns about the proper vetting of agency staff, the self-employed and volunteers. Domestic employers must have sound guidelines. For example, within what actual proximity to children and vulnerable groups will barred individuals be permitted to come? Administrative and clerical staff who work in organisations that may deal with vulnerable groups on the fringe are certainly a cause for concern. The Bill contains sanctions against employers, with fines and a potential custodial sentence if they hire a barred individual. Given the necessary increased obligations placed on employers, what will responsible employer analysis of individuals involve? Turning to the provisions in Schedule 2, Part 3 on ““prescribed criteria””, we have genuine concerns about exactly what those criteria will cover. For example, under paragraph 19 of Schedule 2:"““Provision may be made for the criteria to apply differently in different circumstances””." Is that rather loose phraseology intentional? Surely, we should seek to be as unambiguous as humanly possible and to provide the IBB—which must have solid guidelines if these lists are to have complete integrity—with ultimate clarity. It is welcome that those acquitted of an offence may still be on a list if the board deems them a threat. However, that must be subject to checks and balances. An individual must have a right of appeal to make his case to the IBB on a point of law. As for automatic inclusion on lists, we are aware that Liberty believes that the absolute nature of such a bar may breach the European Convention on Human Rights. Is that the case? The Explanatory Notes certainly allude to it. Furthermore, will those individuals subject to such automatic inclusion be permitted to appeal on a point of law? We will certainly want to monitor that area as the Bill progresses. Notwithstanding the Government’s possible intention to ensure ““joined-up government””, implementing this Bill will require more than co-operation in Whitehall. There must be co-operation and consultation on many levels. The IBB must look at evidence from a number of sources—including the courts, local authorities and the police—to build up a picture of an individual and whether they are a threat. Furthermore, in terms of a joined-up approach, it is welcome that competent bodies may make ““findings of fact””. Co-operation between the IBB and bodies such as the GMC, the General Teaching Council and General Social Care Council—among others that the Bill mentions—will be significant in monitoring questionable behaviour. Will the Minister indicate how foreign nationals are to be monitored or barred? I listened with care to what the Minister said about arrangements for vetting and recruiting overseas staff. However, while cross-European co-operation is all very well, our information systems in the UK are not up to scratch. Liaison with foreign governments will certainly challenge that system. It is worth noting that the Home Office is unaware of the number of illegal immigrants currently living and working in the United Kingdom, so there will be no records available for such persons. Furthermore, in terms of devolved government, those individuals barred or monitored in Scotland or Northern Ireland must be made known to the relevant organisations in England and Wales. Differing information management systems must not prevent that process. In conclusion, as citizens we have a duty of care to protect all vulnerable members of our society, whether in nursery school or in a care home for the elderly. Abuse of the vulnerable is an abuse of power and trust. It has taken some horrific cases to expose weaknesses in the system. We support the objectives of the Bill. As an improved system of protection and vetting develops, we want to ensure that it is implemented as successfully and speedily as possible—with the necessary checks and balances in place. Furthermore, we wish to see such a system having the integrity and efficiency required genuinely to ensure that future abuse cannot occur. As such, we shall be seeking to amend some parts of the Bill to offer greater clarity.