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Safeguarding Vulnerable Groups Bill [HL]

My Lords, I shall comment on two amendments. It seems that Amendment No. 195 on foreign nationals goes some way to allowing for overseas workers to be included on the children and adult’s barred list if they are deemed to be on a corresponding list. Will a record be kept of the dates on which monitored overseas workers arrived in the UK? Can the Minister inform the House whether or not this will constitute a full check on workers from overseas applying to work, paid or unpaid, in regulated activities? I cannot help but feel that Ministers in this and another place could have done more in response to the amendments of my honourable friend in another place, the Member for Basingstoke, and comments and concerns that we raised in your Lordships’ House, which would have implemented some serious provisions for overseas workers. Amendment No. 199 relates to a defence for barred individuals who have not understood the legislation. I am pleased that the courts will have to inform a person when he has been included on a barred list. The Minister in another place had clearly read through the recommendations, made by noble Lords on these Benches, that there needs to be good communication with those who have been barred in order to prevent attempts to work in inappropriate roles, on the basis that not all decisions will be perfect. It is important that individuals are made aware of effective charges brought against them. However, the Minister in another place has already indicated that there is a possibility for the remit of the Bill to extend. Parmjit Dhanda said that: "““Over time, we would like as many people as possible to be monitored in the vetting and barring scheme””.—[Official Report, Commons Standing Committee B, 13/7/06; col. 146.]" Amendment No. 159, among others, will allow the Secretary of State to enforce the extension of that remit. Yet Clause 7(3) clearly illustrates potential systemic failures, where an individual will be able to cite misunderstandings of legislation as a defence. My honourable friend in another place, Maria Miller, has highlighted the problem. Legislation that allows for its own complexity as a defence rather hoists itself with its own petard. I should be grateful for some reassurance from the Minister on the matter.