Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008

rose to move, That the Grand Committee do report to the House that it has considered the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008. The noble Lord said: I am grateful to both the Joint Committee on Statutory Instruments and to the Merits Committee for their careful consideration of these regulations. Noble Lords will be aware that neither committee commented or thought that the House’s attention should be drawn to these regulations. The regulations arise out of two elements of the legislation. First, the Act created a new independent safeguarding authority—ISA—which was referred to in the legislation which the few of us here today debated at exhaustive length as the independent barring board. It is now called the Independent Safeguarding Authority. Secondly, the Act will establish a scheme to prevent those who pose a risk of harm to children or vulnerable adults getting access to them through their work. The Independent Safeguarding Authority was formally established in January 2008, with Sir Roger Singleton as chair and Adrian McAllister as chief executive. It is now conducting the transitional and preparatory work necessary for the new scheme, and the regulations are part of that process. As part of the new scheme, we want the ISA to ensure that when its new barred list comes into effect, those persons currently barred from working with children and vulnerable adults will continue to be barred if the ISA deems them to pose sufficient risk. I have placed in the House Library an information note for noble Lords to support this debate, which explains this process and the future proposals that relate to the regulations. I will not reproduce that detail in my opening remarks, but I wish to explain the scope of the regulations that we are debating today. First, the regulations relate solely to putting those individuals who are already barred under existing arrangements on the barred lists of the new scheme. In relation to how automatic barring will work with new cases once the new scheme is fully operational, we shall be making the full set of prescribed criteria regulations under the affirmative procedure for separate consideration. Secondly, the regulations will determine only those cases where the individual will not have the right to make representations about their inclusion on the ISA’s new barred lists. These individuals have perpetrated one or more offences that are so serious that it is certain that they cannot provide any additional information that would suggest that they did not pose a risk of harm to children or vulnerable adults. As a result, there is no point in providing the right for them to make representations against their inclusion on the new lists. In relation to children, the regulations build on those that lead to automatic barring without the right to make representation currently in force for List 99. My right honourable friend the Secretary of State made a Written Statement in the other place on 17 March that provided an update on List 99. I made the Statement available in your Lordships’ House on the same day. During the passage of the Bill in 2006, there was much consideration about which offences should lead to automatic barring. That is why the regulations are subject to the affirmative procedure and are being debated today. Since the passage of the Bill, there has been extensive consultation, and I do not intend to reproduce that here, but it has been available to noble Lords. I should point out, however, why it is not necessary to include those cases where there is a right to make representations in the regulations we are debating today. That would be redundant because the transitional provisions order gives individuals already barred for committing such offences the right to make representations about their inclusion on the ISA’s new barred lists in any event. If these regulations are approved, we will start putting the most serious offenders on current lists on to the ISA’s new lists in April. That will continue our progress in establishing the new scheme. There can be nothing more important than protecting children and vulnerable adults from those who pose a serious threat to them. It is the responsibility of all, including the Government, to do everything we can to protect them. It is in that spirit that I commend these regulations to the Committee. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008. 13th report from the Joint Committee on Statutory Instruments.—(Lord Adonis.)