Written question asked by Steve Rotheram (Labour) on Thursday, 12 July 2012, in the House of Commons. It was due for an answer on Tuesday, 17 July 2012. It was answered by Baroness Featherstone (Liberal Democrat) on Tuesday, 17 July 2012 on behalf of the Home Office.

Vetting

Question

(2) what assessment she has made of the effect of subjectivity in the discretionary element of enhanced Criminal Record Bureau checks on the capacity of individuals to gain employment; and what discussions she has had with the Secretary of State for Work and Pensions on reform of this element.

[117877]

Steve Rotheram:

Answer

We are reforming the Criminal Records Regime to make it more proportionate and efficient. There are a number of changes in the Protection of Freedoms Act (2012) to achieve this.

The criteria for releasing discretionary information held in local police records on enhanced criminal record certificates will change. Currently, the chief officer can release any information that ‘might be relevant’ and ‘ought to be included in the certificate’. From September, this will change to information the chief officer ‘reasonably believes’ to be relevant and ‘ought to be included in the certificate.’ Statutory guidance on providing information for inclusion in enhanced criminal record certificates, incorporating this new test of relevance, will be available to chief officers to which they must have regard.

The Act also introduces the right to appeal to an independent monitor against any discretionary information the applicant believes should not be included on the certificate.

The Home Office has worked closely with a number of Departments on these reforms and during the passage of the Protection of Freedoms Act.

Secondary information

Type: Written question
Reference: 117877; 548 cc667-8W
Session: 2012-13
Subjects: Department for Work and Pensions Employment Vetting Reform Criminal Records Bureau
Link: View this Written question on www.publications.parliament.uk

Vetting

Secondary information

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