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Safeguarding Vulnerable Groups Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 2. I will also speak to the other amendments in this group. These amendments concern the extent of the new vetting and barring scheme. The House will recall that under the Bill there is regulated activity, which is completely barred to any individual on the children’s barred list and the adult’s barred list respectively. There is also controlled activity, in which a barred individual may engage, but the employer or other person with responsibility for managing them will be required to take steps to ensure that any risks are appropriately managed. Amendments Nos. 8, 142, 206 and 254 ensure that it is an offence for a barred person to foster or provide care and accommodation to children. Any organisation that arranges a placement will be required to check and ensure that the carer is subject to monitoring and is not barred. The amendments also ensure that a foster carer is able to take day-to-day decisions concerning their foster child, as would a parent, without being required to check every individual who helps to care for that child. Amendments Nos. 18, 205 and 208 bring provisions for childminders in Wales into line with those already in the Bill for childminders in England. The effect is that registered childminders and childminders who would be required to register but for the fact that they do not care for children under the age of eight will commit an offence if they mind children when barred or are not subject to monitoring. Amendment No. 214 adds deputies to the definition of regulated activity in relation to children in Schedule 3. Amendments Nos. 217 and 233 ensure that, where an activity is carried out by a member of a group of children or vulnerable adults on behalf of, or under the direction of, a person engaging in regulated activity within the group, the group member will not be engaged in regulated activity. This would ensure, for example, that a school sports team captain will not be engaging in regulated activity. Amendments Nos. 210 and 220 ensure that those people driving vehicles used only for the purpose of transporting children or vulnerable adults will in prescribed circumstances be engaged in regulated activity. Amendments Nos. 215 and 234 ensure that an individual on either barred list will be prevented from working for the IBB. Following discussion with the industry, we have amended the Bill to ensure that while chat room moderators will be subject to the scheme, IT staff who do not see the content of the messages or contact service users will not. In respect of vulnerable adults, Amendments Nos. 226 to 234 ensure that regulated activity includes local councillors with social services responsibilities, trustees of vulnerable adults’ charities, the Older People’s Commissioner for Wales and all Commission for Social Care Inspection inspectors. Amendment No. 146 narrows the circumstances in which a pregnant woman or a nursing mother is considered vulnerable to those in receipt of social care services, as was our original intention. We have also made important amendments to the exemptions for employers from the requirements to check contained in Clause 14. Amendments in this group fulfil the commitment we gave to your Lordships that complementary therapy and all prison and probation officers will be subject to the requirements of the scheme and that other aspects of the clause, including housing, leisure, educational, and recreational activities, would be subject to a sunset clause, so that the exemption for such employers would be time-limited. On controlled activity, amendments in this group ensure that those with access to specific records, such as social services and education records, will now be covered by the definition of controlled activity. As we committed to do in this House, we have also brought the provision of direct payments into the definition of controlled activity, which meets our intention to cover all social care staff. Since these amendments concern matters raised by noble Lords, I believe that they will commend themselves to the House. Moved, That the House do agree with the Commons in their Amendment No. 2.—(Lord Adonis.)