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Safeguarding Vulnerable Groups Bill [Lords]

I congratulate the hon. Member for Amber Valley (Judy Mallaber) on her amendment. I support both the spirit and the letter of that provision, because it deals with an important issue that must be aired and resolved—if possible, by means of the amendment, or reassurances from the Minister. I welcome the extension of the remit of the legislation to chat room moderators. A few years ago I was a member of the Home Office’s internet child protection taskforce, which was responsible for a number of issues, not least the drafting of those parts of the Sexual Offences Act 2003, considered by the House in the last Parliament, that created the new offence of grooming. It is an important subject, and I was determined to be involved, as at the time I was dealing with constituency cases that centred on grooming. Any developments under the Bill to further protect young and vulnerable people are only to be welcomed. My hon. Friend the Member for Mid-Dorset and North Poole (Annette Brooke) rightly asked whether we can be satisfied tonight that the Bill can safely pass from the House and be put to bed. I have tabled amendments Nos. 192 to 196 because I and a number of organisations outside the House are not entirely confident that that is the case. As she said, my amendments attempt to clarify how far the Bill will help to safeguard one of the most vulnerable groups of people in our land—those who lack capacity, who do not have the ability to make decisions for themselves and who necessarily have to rely on others to make decisions about their financial and other welfare considerations. Throughout the progress of the Mental Capacity Act 2005, questions were asked in both Houses about how far there would be checks on people who act as attorneys, deputies or appointees from the Department for Work and Pensions because those people will have responsibility for the finances of vulnerable people. Attorneys and deputies also have decision-making powers over welfare. If the Bill is to do what it rightly says it aims to do—protect and safeguard vulnerable groups—it must ensure that someone who is barred from working with vulnerable people does not move on to a less well-policed part of the system and exercises power under the 2005 Act as an attorney, deputy, appointee, public guardian or court protection visitor. The main thrust of the amendments—I am grateful to Age Concern in particular for its help and assistance in drafting them—is to probe how far the various lists work with each other: in other words, how the various agencies set up under mental capacity legislation will interface with the barring board and the barring register. For example, if someone has their attorneyship, deputyship or appointeeship revoked, as my hon. Friend said, because they have caused harm to a vulnerable person, that information should be passed to the barring board. Similarly, the barring board should inform the Office of the Public Guardian and the Department for Work and Pensions of those whom they have barred. Amendment No. 192 would clarify beyond doubt that where a family member or a friend is acting in the capacity of an attorney, deputy or appointee, that activity is regulated. I welcome the Government amendment which is intended to deal with that in part, but what information will be given to attorneys, deputies and appointees—this thread has run through the debate—to explain to them that they will be covered by the Bill’s provisions? Will that be provided in the forms and guidance that are made available to them? Amendment No. 193 would ensure that the Court of Protection, the Office of the Public Guardian and the Secretary of State for Work and Pensions are under a duty to check whether a person who will be involved with the finances and personal welfare decisions of someone who lacks capacity is barred from working with vulnerable groups. What form of risk assessment will be put in place within those organisations to decide when checks with the barring register are necessary? Will there be consultation with organisations such as Age Concern and other interested parties about precisely how that risk assessment might be implemented and on what occasions it might be necessary to make a reference to the barring register? Amendments Nos. 194 and 195 would ensure that the Office of the Public Guardian and the DWP were alerted when someone is subsequently barred by the barring board. Otherwise, someone with a record of abuse could continue to abuse as an appointee, deputy or attorney, and that surely cannot be right. Will the barring board see it as part of its duty to alert other organisations when it becomes aware that those people are also appointees and attorneys? Amendment No. 196 would ensure that those officials of the Office of the Public Guardian and the Court of Protection who visit people in private—again, I am talking about people who lack capacity and are most vulnerable—are also subject to checks. There are clearly a number of areas where the Government are extending the measure. They have listened to representations. Further categories of persons will have direct access to vulnerable people who lack the capacity to make decisions for themselves. Those vulnerable people should be afforded the same protection as those who are in a chat room on the internet. That is why I hope that the Minister will give us a positive response.