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Safeguarding Vulnerable Groups Bill [HL]

moved Amendment No. 38:"Page 36, line 40, leave out paragraph (d) and insert—" ““(d) conduct of a sexual nature involving a vulnerable adult, if it appears to IBB that the conduct is inappropriate.”” The noble Baroness said: In speaking to Amendment No. 38, I shall speak also to the other amendments in this group. These minor and technical amendments make clarifications to the Bill in relation to vulnerable adults. They touch on a number of areas. Clause 14 covers exceptions for certain regulated activity providers from the requirement to check a person’s barred status. The amendment aligns the reference to a prison in Clause 14 (1)(b) with the definition of those services in relation to lawful custody in Clause 43. We are also removing mental capacity advocates and independent advocacy services from this exemption. The amendments to Clause 43, which provides the definition of ““vulnerable adult”” for the purposes of the Bill, give us the power to prescribe qualifying welfare services so that those in receipt of such services will be regarded as vulnerable adults. We intend to use this power in order to cover housing-related support services to narrow the meaning of ““residential accommodation”” in Clause 43(1)(a) to limit the term,"““residential accommodation . . . provided for a person in connection with . . . any education or training which he is undertaking””," to accommodation that is provided in residential special schools. The intention is that young adults who remain at school while awaiting an adult social care service should be ““vulnerable adults”” in that context. Amendment No. 166 changes the reference to the elderly in Clause 43(7)(a) so that in relation to those adults receiving services and participating in activities pursuant to Clause 43(1)(g) it refers to those who have particular needs because of their age. Naturally, we do not want those who are simply elderly to be treated as vulnerable. They must have a condition or need arising from their age to make them so. Amendments Nos. 169, 170 and 171 amend the wording in relation to lasting powers of attorney to make it legally correct and include within the definition those who require assistance in the conduct of affairs and who are thereby vulnerable adults as a result, those in respect of whom an enduring power of attorney has been registered, or those in respect of whom an application has been made to register an EPA and where an order is made by the Court of Protection in relation to the making of decisions on an adult’s behalf. Amendment No. 167 provides a power for the definition of vulnerable adult to be extended by regulation to add to the list of persons in Clause 43(7) those who are vulnerable as a result of the services that they receive, including community care services and the activities that they undertake. This will enable us to respond to changes in service delivery and content in future. Amendments in this group ensure that the definition of ““regulated activity”” in relation to specified establishments for vulnerable adults is the same for children and vulnerable adults. In relation to vulnerable adults, the specified establishments are care homes. An amendment will enable the providers of adult placement schemes to check the barred status of those who live in the same household as an adult placement carer—for example, lodgers. Amendment No. 38 makes sure that the reference in Schedule 2 to inappropriate sexual behaviour uses the same wording as the children’s list, for the sake of consistency. I beg to move. On Question, amendment agreed to. [Amendments Nos. 39 to 41 not moved.]