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Safeguarding Vulnerable Groups Bill [HL]

My Lords, I should like to press the Minister on private fostering, which is covered by a number of amendments. We welcome the government amendments relating to monitoring and private fostering arrangements. However, while the Bill now gives parents the option to carry out a monitoring check prior to placement, private fostering arrangements are regulated under the Children Act and a set of regulations pertains specifically to this situation. These regulations place requirements on parents and local authorities, the latter of which are charged with visiting and monitoring the welfare of children placed in such arrangements. That being the case, there would seem to be a serious gap if social services did not ensure, as part of their monitoring arrangements, that an enhanced criminal record check was carried out in respect of the carers in the placement. Children who are privately fostered may be especially vulnerable to abuse and I strongly suggest that a change is also made to the Children Act regulations to require this check to be carried out by local authorities once a private fostering arrangement has been notified to them or comes to their attention in another way. This will ensure commonality of practice between private fostering and other regulated activities under the Children Act. Indeed, none of this can be done if the private fostering arrangement has not been notified to the authorities, which, of course, is voluntary for the time being. That still concerns us because it may be an offence for someone who is barred to foster a child privately, but the problem is identifying and catching them. We cannot do that if we do not even make them liable to notify the authorities. I should like also to say something about overseas workers and those coming into the UK to do weekend locum work. There is a problem in Northern Ireland with workers who work in regulated positions there, but live outside our jurisdiction in the Republic of Ireland. The issue of overseas workers was a feature of our debates in your Lordships’ House. On the one hand, we do not wish to penalise those who come to work in the UK, but, on the other hand, we need to be aware of the limitations to vetting and barring arrangements in their host country. This issue alone demonstrates that vetting is but one safeguard and it is important that this message is conveyed in particular to parents who rely on the new monitoring scheme. In terms of overseas workers, does the Minister agree that in the online monitoring scheme, it might be helpful to have a drop-down reminder for parents and employers when the monitoring check status involves someone who has been resident outside the UK? This could involve advising them that monitoring has been possible only from the date of their entry into the UK and encouraging the employer or parent to ensure that other checks such as references are pursued. Secondly, given that doctors and other health professionals are coming to the UK to do short-term weekend locum work, how will it be possible to monitor when someone works here but is not resident? I would be interested in the Minister’s views on these issues. However, I do welcome the Government’s response in this group of amendments to pressure from this House not to exempt complementary and alternative health services from the terms of the Bill, along with their decision to include probation services and prison officers. Perhaps I may now ask about Amendments Nos. 138 and 140 which bring those in Crown employment within the requirements of the Bill. This includes the National Assembly for Wales. Can the Minister tell us what consultations have been held with the Assembly and whether he is satisfied that there will be no unforeseen and undesirable consequences of this measure? Before I leave this group, I want to ask the Minister about the Government’s thinking in relation to Amendment No. 146, which includes expectant mothers receiving community care services in the definition of vulnerable adults. What is it about being pregnant that makes a woman vulnerable? It seems to me that most pregnant women enjoy robust good health and are quite capable of looking after themselves, so I am a little curious about the Government’s thinking on this matter.