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Safeguarding Vulnerable Groups Bill [Lords]

Government new clause 14 enables provision to be made in future to take account of forthcoming Scottish and Northern Ireland legislation. Scotland is making provision for its own vetting and barring scheme through legislation currently before the Scottish Parliament. Northern Ireland will make its own provisions that will work in parallel with the England and Wales scheme and allow the IBB to make barring decisions about individuals living and working in Northern Ireland. Both the Scottish and Northern Ireland legislation will be finalised after the Bill has completed its passage through the House. Secondary legislation made under the Government new clause will be subject to the affirmative resolution procedure if it amends the Bill’s provisions or confers a power to make secondary legislation. Government amendments Nos. 120 and 129 provide that the IBB must not include someone on a barred list if Scottish Ministers have already made a decision about whether to include them on their list and the IBB has no new evidence. That will prevent them from being considered for more than one jurisdiction’s list on the basis of the same information, and therefore having to submit to different representation and appeals procedures in each jurisdiction. The intention is that inclusion on the Scottish, Northern Ireland, or England and Wales lists will result in a bar from regulated activity across the UK. The amendments give the Secretary of State an order-making power that he can use to ensure that someone is considered for listing by the most appropriate barring authority, rather than by the barring authority that first becomes aware of information that could lead to listing. For example, if the IBB receives information about someone who is not subject to monitoring in England and Wales, but who is a member of the Scottish scheme, Scottish Ministers—and not the IBB—should consider new information on their case. Government amendment No. 131 provides that the Secretary of State must tell Scottish Ministers if the IBB includes someone on a barred list, to allow Scottish Ministers to ensure that the person cannot work with either children or vulnerable adults in Scotland. Government new clause 20 allows certain powers to make secondary legislation to be exercised by Welsh Ministers. The powers significantly cut across devolved matters, such as the requirements for checks for school governors. The new clause requires the Secretary of State to obtain the agreement of Welsh Ministers before exercising secondary legislation-making powers that provide for requirements and powers that affect the National Assembly for Wales in its functions as an inspectorate. In exercising the remaining significant secondary legislation-making powers in the Bill, the Secretary of State must consult Welsh Ministers in relation to the powers’ impact on Wales. Government amendment No. 132 provides that the IBB may provide information to Welsh Ministers relevant to their functions—formulating policy and monitoring delivery of that policy. The amendments ensure that vetting and barring operates successfully and coherently across the United Kingdom, and I commend them to the House.