UK Parliament / Open data

Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2006

My Lords, I understand the noble Baroness’s concern. I am assured that that concern has no foundation because the amendment refers specifically to the judiciary and the definitions of ““members of the judiciary””and ““personal information”” on page 5 provide clarification. It is the combination of these wordings that restricts the order to its particular function and ensures it is not broadened. That is how that has been dealt with. However, I will ensure that the parliamentary draftsmen have that anxiety pointed out to them so that on the next occasion, if there is a lacuna in any other statutory instrument, the noble Baroness’s wise words can be taken into account. Regarding contractors and sub-contractors, the noble Lord, Lord Avebury, will know that the courts employ various people to undertake various typesof unsupervised activity in court buildings. It is necessary to ensure that such people are background-checked by the various officers of the Department for Constitutional Affairs. With regard to Article 9(a), the proceedings under the Education Act 2002, the paragraph that the amendment substitutes referred to the regime of determinations under the previous legislation. The amendment brings the law up to date. I understand why the noble Lord would say that we should look at these orders more often than every three years. The exception order is subject to constant review in order to ensure that it has kept pace with changes in employment and public risks. When weaknesses are identified we move to amend that order. I hope that reassures the noble Lord that with regard to those matters we can act expeditiously and appropriately. Vulnerable adults are increasingly an issue of acute concern. It is for that reason that they have not been included. The Safeguarding Vulnerable Adults Bill is currently before Parliament and it is not appropriate to introduce any amendments until the Bill has become law. I assure the noble Lord, Lord Avebury, that this is a matter of concern to us. He was quite right to take this opportunity to highlight their innate vulnerability. We will have an increased volume of CRB checks over the next three years. The majority will result in a home inspector addition. It is a newly created occupation. These are appropriate changes that we need to make in order to ensure that the system we are putting in place is as effective and tight as we can make it. I hope I have answered all the issues raised by the noble Lord. I am looking through my list to see whether I have forgotten anything, but I do not believe I have. On that basis, I commend the order to the House. On Question, Motion agreed to.
Type
Proceeding contribution
Reference
684 c321-2 
Session
2005-06
Chamber / Committee
House of Lords chamber
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