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Safeguarding Vulnerable Groups Bill [HL]

My Lords, my response needs to be in two parts. First, this would be a significant departure from normal practice. It is therefore well beyond my pay grade to be able to meet the wishes of the noble Baroness, Lady Walmsley. I am very grateful to the noble Baroness, Lady Buscombe, for elucidating the circumstances in which the Civil Contingencies Act came to include this provision. Being a new Member, I had not realised that it was all tied up with hunting—everything seems to come back to hunting, in some form or another, in your Lordships’ House. However, I am informed that the powers to vary the regulations under the Civil Contingencies Act refer to arrangements for national emergencies such as a terrorist attack or epidemic.  These are very serious and wide-ranging powers. It is in that context that the power to vary has been given. Although I cannot help the noble Baroness, Lady Walmsley, on the wider point, I can reassure her that we will consult very fully on the list of offences which would be included in the provision for automatic barring without representation. I know that that has been a particular concern of hers. I have already given noble Lords an illustrative list of those offences. In respect of the children’s list, they would be offences under the Sexual Offences Act 2003 concerning rape; sexual intercourse with a girl under the age of 13; assault by penetration; rape of a girl under the age of 13; sexual assault of a child under the age of 13; and causing or inciting a child under the age of 13 to engage in sexual activity. In respect of the vulnerable adults list, the offences would include sexual activity with a person with a mental disorder impeding choice; causing or inciting a person with a mental disorder impeding choice to engage in sexual activity; engaging in sexual activity in the presence of a person with a mental disorder impeding choice; and causing a person with a mental disorder impeding choice to watch a sexual act. Most noble Lords were satisfied by looking at the illustrative list that we would not be moving into what they would regard as debatable areas in this context but those where there would be a broad consensus. I also assured them that the list will be shorter than the current list of offences, which applies under List 99, where there is no right of representation in any event, so that we would extend the categories of offences where there would be a right to make representations. I repeat that we will be consulting all interested parties, including the teaching unions, the NSPCC and other groups with a keen interest in this area, before we lay the regulations. Although I cannot, from this Dispatch Box, unilaterally change the conventions of the House, I hope that I can satisfy the noble Baroness that we will engage in very full consultation before these orders are laid. These offences are of the utmost seriousness, and we believe there will be a consensus that they should be covered in the way we propose. There will be a narrower range of offences than currently applies under List 99.