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Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010

My Lords, I thank the Minister for her introduction. I state right away that we on these Benches share the Government’s concern about how best to protect the public, especially the young, from those who pose a risk to them. To this end, it is important that people who have committed serious crimes do not end up being responsible for vulnerable groups. I doubt that anyone would object to that as the principle behind the orders. However, like other secondary legislation which has followed the 2006 Act, the instruments before us today will fuel even more concern and confusion about the Government’s policy in this area. It is a serious and delicate area which we cannot afford to treat lightly. Regulation should be well thought out, rigorous and robust, but what we have before us is not. I therefore have some questions for the Minister. The Singleton recommendations advised the Government to review the need for controlled activity policy. What consideration did the Government give to this advice and why does it appear from the orders today that they have ignored much of it? It has been asked whether it is reasonable to expect employers and voluntary organisations to implement the regulations in their current form, and how easy it is determine whether an individual is covered by the rules. The lack of clarity around the rules has led to confusion about vetting and barring, among not only people on the ground but the public in general. Are the Government satisfied that the scheme is easily accessible? I remind the Government that, on Report on the Safeguarding Vulnerable Groups Bill, Members in another place called a vote on this communication issue and still, many years later, the problem persists. There have been reports of mistakes when information about individuals has been sought and returned with the employers being told that potential employees have a criminal record when they did not. Mistakes have been rectified later, but by then the job, or the opportunity to have one, has passed—that is, if that mistake ever gets rectified and how easily. There are instances where individuals still bear the scars of incorrect information being returned. Can the Minister tell the Committee what data security safeguards are in place to ensure that people's information is protected? While the need to protect vulnerable groups is paramount, we must be confident that we are making a proportionate response and that we assume people are innocent rather than guilty. The Government have managed to create an atmosphere in which we are all guilty until we prove that we are innocent. It is costly and complex and, yet again, a symptom of the Government’s inability to trust people. What is required is a system which is rigorous but simple for employers and other organisations to implement. Can the Minister tell us what she expects the likely cost to businesses to be? I am aware that voluntary organisations will not have to pay, which is a good thing. However, there are already organisations and regulations in place to vet potential employees. Is the Minister sure that there will not be duplication of roles, paperwork and, more importantly, costs? It should go without saying that we must be extremely careful not to impose additional burdens and bureaucracy on business if it is not absolutely necessary, and that, if we are to, we at least owe business the decency to make new rules as easy to abide by as we can. What analysis and assessment has been carried out to measure the impact these orders will have on the rehabilitation and re-employment of ex-offenders? Can the Minister tell the Committee what proportion of offences against children and vulnerable adults were committed by first-time offenders, and how many offenders would have been caught by this register? I presume there would have been none if the register works only after conviction. If there are a significant number of first-time offenders, we must surely warn the public that this legislation does not tackle them and that they still need to be vigilant. I shall raise a significant point that was not answered in another place. Can the Minister tell the Committee what the Government are going to do to warn the public that these provisions in their current form do not automatically guarantee 100 per cent protection? This legislation does not address the serious issue of vulnerable children in their own homes. Can the Minister say what these orders will cover? I notice that one of the statutory instruments clearly states that it is for England only. The other does not, but both have England and Wales in the title. Furthermore, one of the statutory instruments reads as if it will apply to Northern Ireland as well. In the other place the Minister said: ""There will be a UK-wide scheme—it will be the same scheme—but because of the relevant powers … it will be necessary for Welsh Ministers to make the arrangements".—[Official Report, Commons, Delegated Legislation Committee 15/3/10; col. 5.]" I listened carefully to the Minister, but I would like some clarification on this area. Can she tell the Committee what she anticipates these arrangements will be and whether they will be identical to those before us today? If there is a chance of any deviations, what procedures will be in place to rectify any loopholes or confusion? Overseas workers make up a large proportion of the workforce, particularly in healthcare and schools, and the number is ever increasing. What progress have the Government made on imposing proper procedures to obtain conviction data for overseas workers? Can the Minister tell the Committee whether our European partners have equivalent systems in place? If they do not, this fails to protect us from workers coming in from the EU. I am worried, largely due to the lack of clarity and explanation by the Government, that the measures will give a false sense of security as it is clear that they will not capture everyone. The Government need to explain more about why these measures are the right way to go, how many people will be affected and how they will make people safer. I look forward to the Minister’s answers.