My Lords, I thank the Minister for his reply. I also thank the noble Lord, Lord Skelmersdale, but I would tell him that while the ISA may only be empowered to do this, and it is not a duty, given the sort of risk-averse atmosphere that we operate in it will undoubtedly do it. The noble Lord talked about the risk; if the risk was so great that the ISA would want to inform the employer straight away, the person would fall into the first or second categories that I referred to earlier—the people automatically barred, with or without the right to representation.
The Minister talked about a person having eight weeks to respond and try to refute any allegations. Yet if they have already lost their job, that is far too late. Employers are very risk-averse these days; somebody’s career will be totally destroyed if the employer is told about allegations which turn out to be quite wrong. How will the Government ensure that people know what the police are passing on? What training is being given to the police on the material that should be put in those certificates being passed on to the ISA?
I accept that the ISA will not take notice of spurious allegations, but that misses the point. The point is that before it makes that determination, somebody’s career will be damaged. We need much more work with the police to ensure that they do not pass on things that are totally irrelevant, in case that it is passed on to employers. We need to educate employers so that they understand that just because the ISA is considering allegations does not mean that the relevant person is necessarily a danger to children and should not be employed at all. However, it would make sense for them to put certain safeguards in place to ensure that the person is not left unduly in charge of children or vulnerable people.
We on these Benches have always supported the cornerstone of this new scheme but we are very anxious that it should be fair to everybody, while, of course, properly safeguarding children and vulnerable groups. I will read very carefully what the noble Lord has said, but if he cannot answer now, will he write to me and answer some of the questions that I have asked about the police and providing information and education to employers?
Policing and Crime Bill
Proceeding contribution from
Baroness Walmsley
(Liberal Democrat)
in the House of Lords on Tuesday, 20 October 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Policing and Crime Bill.
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713 c663-4 
Session
2008-09
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