Safeguarding Vulnerable Groups Bill (HL). Lords Committee stage second day. Grand Committee off the floor of the House (Moses room). Schedules 3-5 as amended agreed to. Clauses 6-50 agreed to, clauses 10,11,14,21,22,26-30,32,34,35,37,43-5 as amended. New clauses considered. Bill reported with amendments (Hl Bill 101 2005-06)
Safeguarding Vulnerable Groups Bill [HL]
Type
Parliamentary proceeding
Reference
681 c223-82GC 
Session
2005-06
Legislative stage
Committee stage
Chamber / Committee
House of Lords Grand Committee
Safeguarding Vulnerable Groups Bill (HL) 2005-06. Explanatory notes HL Bill 79-EN also published.
Tuesday, 28 February 2006
Bills
House of Lords
Tuesday, 28 February 2006
Bills
House of Lords
Proceeding contributions
Lord Adonis | 681 c270-1GC (Link to this contribution)
I am devastated that I did not have the opportunity to respond to my noble friend on those earlier a...
Lord Brougham and Vaux | 681 c268GC (Link to this contribution)
I cannot call Amendment No. 130 because it has been pre-empted by Amendment No. 129.
[Amendment No....
Show all contributions (134)
Lord Harris of Haringey | 681 c267-8GC (Link to this contribution)
I am grateful to my noble friend for that. I am not entirely sure that it significantly changes the ...
Baroness Thornton | 681 c276-8GC (Link to this contribution)
moved Amendment No. 162A:
"After Clause 40, insert the following new clause—"
““SURRENDER OF PASS...
Baroness Buscombe | 681 c276GC (Link to this contribution)
It has to be probing in Grand Committee. I accept what the Minister has said, but, in the spirit of ...
Baroness Walmsley | 681 c251-2GC (Link to this contribution)
I thank the Minister for his reply. I most certainly agree with his final words. What concerns me is...
Baroness Walmsley | 681 c249GC (Link to this contribution)
I thank the Minister for his comments. It seems that we are at one on various aspects of this. I wil...
Lord Adonis | 681 c261-2GC (Link to this contribution)
moved Amendments Nos. 117 to 123:"Page 46, line 18, after ““Children Act 1989 (c. 41)”” insert ““or ...
Lord Adonis | 681 c261GC (Link to this contribution)
Until the noble Baroness spoke to her amendment, I was not exactly sure where she was coming from be...
Lord Adonis | 681 c260GC (Link to this contribution)
moved Amendments Nos. 114 to 115:"Page 14, line 29, leave out ““or the corresponding controlled acti...
Lord Adonis | 681 c242-6GC (Link to this contribution)
As my noble friend has just said, we are covering a number of terms in the amendments that probe at ...
Baroness Greengross | 681 c237-8GC (Link to this contribution)
I thank the noble Baronesses and the noble Lord for that eloquent description of something I feel ex...
Baroness Buscombe | 681 c232GC (Link to this contribution)
That is alright; you go first.
Lord Adonis | 681 c271GC (Link to this contribution)
moved Amendments Nos. 148 to 151:
"Page 21, line 24, after ““list,”” insert ““require IBB to””"
"P...
Lord Harris of Haringey | 681 c270GC (Link to this contribution)
I do not wish to oppose this clause. However, I would be grateful if my noble friend could give the ...
Lord Harris of Haringey | 681 c270GC (Link to this contribution)
It has not been spoken to because we did not debate the group that related to Amendment No. 130, but...
Lord Adonis | 681 c269-70GC (Link to this contribution)
moved Amendments Nos. 134 to 139:
"Page 18, line 27, leave out from ““activity”” to end of line 29 ...
Lord Harris of Haringey | 681 c268GC (Link to this contribution)
In that case, I am grateful to my noble friend for that comment and I beg leave to withdraw the amen...
Baroness Buscombe | 681 c278GC (Link to this contribution)
I have to admit that I have not read the amendment and the proposed new clause. However, I thoroughl...
Baroness Walmsley | 681 c278GC (Link to this contribution)
I confess that I have read the amendment. I have two points to raise. The first relates to an issue ...
Lord Adonis | 681 c279-80GC (Link to this contribution)
moved Amendments Nos. 163 to 171:
"Page 26, line 10, at end insert—"
““( ) he receives a welf...
Lord Adonis | 681 c280GC (Link to this contribution)
moved Amendments Nos. 172 to 173:
"Page 27, line 24, at end insert—"
"““educational institution”” ...
Lord Adonis | 681 c273-4GC (Link to this contribution)
The noble Baroness has asked me a large number of questions. I am not sure, because I have not been ...
Lord Adonis | 681 c271-2GC (Link to this contribution)
moved Amendment No. 159:
"Before Clause 38, insert the following new clause—"
““PROVISION OF INFO...
Baroness Buscombe | 681 c275GC (Link to this contribution)
I rise to speak to Amendment No. 179 in this group. The amendment would ensure the consistent implem...
Baroness Walmsley | 681 c274GC (Link to this contribution)
I thank the Minister for that full reply and look forward to anything further that he can provide. I...
Baroness Walmsley | 681 c274-5GC (Link to this contribution)
had given notice of her intention to move Amendment No. 162:
"After Clause 40, insert the following...
Lord Adonis | 681 c251GC (Link to this contribution)
My reply is the same as that to the debate on whether Clause 10 should stand part. While we certainl...
Lord Adonis | 681 c251GC (Link to this contribution)
I hope that schools will do the same. They are progressively providing those facilities to parents.
Lord Adonis | 681 c248-9GC (Link to this contribution)
My best response to the noble Baroness is to say that wherever we refer to a stick in the Bill, it i...
Baroness Walmsley | 681 c260-1GC (Link to this contribution)
moved Amendment No. 116:"Page 16, line 1, at end insert—"
““(d) issue conditions to be complied wi...
Lord Adonis | 681 c264-6GC (Link to this contribution)
Any concerns raised by my noble friend, who has vast experience in this area, we take with the utmos...
Baroness Buscombe | 681 c256-7GC (Link to this contribution)
Before the noble Baroness withdraws her amendment, the Minister referred in the discussion of this g...
Baroness Walmsley | 681 c257GC (Link to this contribution)
I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendment No. 103 not move...
Lord Adonis | 681 c257GC (Link to this contribution)
moved Amendment No. 106:"Page 8, line 43, leave out ““qualifying welfare services”” and insert ““wel...
Lord Adonis | 681 c246GC (Link to this contribution)
Those are highly pertinent examples of failure to act and of neglect.
Baroness Walmsley | 681 c246-7GC (Link to this contribution)
I thank the Minister for that. His words may set at rest the minds of both employers and employees. ...
Baroness Buscombe | 681 c238GC (Link to this contribution)
moved Amendment No. 82:"Page 4, line 25, at end insert—"
““( ) An individual commits an offenc...
Lord Adonis | 681 c239GC (Link to this contribution)
moved Amendments Nos. 83 and 84:"Page 4, line 41, leave out ““relating to children””""Page 4, line 4...
Baroness Buscombe | 681 c236GC (Link to this contribution)
I entirely accept that and hope that I did not word it in that way.
Baroness Royall of Blaisdon | 681 c236GC (Link to this contribution)
I did not mean to imply that your Lordships were being offensive. People who are in receipt of direc...
Baroness Buscombe | 681 c233-4GC (Link to this contribution)
I wish to speak to Amendment No. 107. Clause 14 provides a list of activities that are exempt from t...
Lord Laming | 681 c232-3GC (Link to this contribution)
I wish to speak to Amendment No. 79, which would remove the words ““or vulnerable adult””. It would ...
Baroness Buscombe | 681 c236GC (Link to this contribution)
First, I thank the noble Baroness for her response on Amendment No. 107, although I am not entirely ...
Baroness Buscombe | 681 c231GC (Link to this contribution)
I thank the Minister for that. I accept that, in his words, the social benefits are unquantifiable; ...
Baroness Royall of Blaisdon | 681 c228-9GC (Link to this contribution)
If the Committee will excuse me, perhaps I may respond to a point made by the noble Lord, Lord Lamin...
Lord Adonis | 681 c228GC (Link to this contribution)
moved Amendment No. 74:"Page 44, line 30, at end insert—"
““(1A) An activity of a description fall...
Lord Adonis | 681 c223-4GC (Link to this contribution)
moved Amendment No. 61:"Page 41, line 35, at end insert—"
““ (5A) The exercise of a function of—
(...
Lord Laming | 681 c225-6GC (Link to this contribution)
I rise to speak to Amendment No. 75. As the noble Baroness, Lady Walmsley, said, this amendment also...
Baroness Royall of Blaisdon | 681 c226-7GC (Link to this contribution)
We have intentionally sought to make the definition of regulated activity wide to provide protection...
Lord Adonis | 681 c262GC (Link to this contribution)
moved Amendments Nos. 126 and 127:
Page 17, line 24, leave out subsection (3).
Page 17, line 3...
Baroness Walmsley | 681 c282GC (Link to this contribution)
I thank the Minister for his reply. I am of course aware that the Government have been consulting on...
Lord Adonis | 681 c271GC (Link to this contribution)
moved Amendments Nos. 153 and 154:
"Page 24, line 9, at end insert—"
““( ) Her Majesty’s Chie...
Lord Adonis | 681 c271GC (Link to this contribution)
moved Amendment No. 156:
"Page 24, line 15, at end insert—"
““( ) The Secretary of State may ...
Lord Adonis | 681 c271GC (Link to this contribution)
moved Amendments Nos. 157 and 158:
"Page 24, line 30, leave out from ““activity”” to ““and”” in lin...
Lord Brougham and Vaux | 681 c270GC (Link to this contribution)
The noble Lord cannot speak to Amendment No. 145 because Amendment No. 144 has already been agreed t...
Lord Adonis | 681 c271GC (Link to this contribution)
moved Amendment No. 147:
"Page 20, line 39, leave out subsection (7)."
On Question, amendment agre...
Lord Adonis | 681 c270GC (Link to this contribution)
moved Amendment No. 140:
"Page 18, line 42, leave out ““27(2) or (3)”” and insert ““27 or (Personne...
Lord Adonis | 681 c268GC (Link to this contribution)
moved Amendments Nos. 131 and 132:
"Page 18, line 7, leave out subsections (8) to (10)."
"Page 18,...
Lord Adonis | 681 c268GC (Link to this contribution)
moved Amendment No. 129:
"Page 18, line 3, leave out subsection (7)."
On Question, amendment agree...
Lord Adonis | 681 c268GC (Link to this contribution)
I think that the best assurance I can give my noble friend is that I will write to him on the specif...
Lord Adonis | 681 c280GC (Link to this contribution)
moved Amendment No. 174:
"Page 28, line 3, leave out ““under paragraph 19”” and insert ““prescribin...
Lord Adonis | 681 c278-9GC (Link to this contribution)
Perhaps I may make two points in response to my noble friend, who has raised an issue of legitimate ...
Baroness Walmsley | 681 c251GC (Link to this contribution)
I object to Clauses 11 and 12 standing part of the Bill. I shall take the two together. My concerns ...
Lord Adonis | 681 c251GC (Link to this contribution)
moved Amendments Nos. 99 and 100:"Page 6, line 26, leave out ““relating to children””""Page 6, line ...
Baroness Royall of Blaisdon | 681 c254-6GC (Link to this contribution)
The introduction of the new vetting and barring scheme marks a significant step forward in adult pro...
Lord Harris of Haringey | 681 c254GC (Link to this contribution)
I have a great deal of sympathy with this group of amendments. Indeed, I am quite surprised that the...
Baroness Buscombe | 681 c253-4GC (Link to this contribution)
I wish to speak to Amendment No. 103 in this group. We touched on the spirit of this amendment in ou...
Baroness Walmsley | 681 c252-3GC (Link to this contribution)
moved Amendment No. 102:"Page 8, line 33, leave out paragraph (a)."
The noble Baroness said: In mov...
Lord Brougham and Vaux | 681 c252GC (Link to this contribution)
Before I call Amendment No. 102, I should tell the Committee that if Amendment No. 103 is agreed to,...
Lord Adonis | 681 c250GC (Link to this contribution)
We are entirely at one with the noble Baroness in wishing to provide the maximum protection to all c...
Baroness Walmsley | 681 c249-50GC (Link to this contribution)
moved Amendment No. 96:"Page 6, line 18, at end insert—"
““( ) A self-employed individual in a...
Baroness Walmsley | 681 c250-1GC (Link to this contribution)
I thank the Minister for his reply. All I can say is that I hope that the online service comes on-st...
Baroness Walmsley | 681 c247-8GC (Link to this contribution)
I oppose the question that Clause 10 should stand part of the Bill because I believe it is excessive...
Lord Adonis | 681 c247GC (Link to this contribution)
moved Amendments Nos. 92 to 93:"Page 6, line 4, leave out ““relating to children””""Page 6, line 5, ...
Baroness Walmsley | 681 c251GC (Link to this contribution)
The Minister makes a very good point. I beg leave to withdraw the amendment.
Amendment, by leave, w...
Baroness Walmsley | 681 c261GC (Link to this contribution)
I thank the Minister for his response, and look forward to his letter. I am so sorry he did not real...
Baroness Buscombe | 681 c264GC (Link to this contribution)
I support the noble Lord, Lord Harris. I recall the noble Lord referring to this point during Second...
Lord Adonis | 681 c267GC (Link to this contribution)
The local authority must think both (a) and (b)—if my noble friend follows; it must think both that ...
Lord Harris of Haringey | 681 c267GC (Link to this contribution)
That is very helpful. I am sure that the board will consider all the other matters. That may be suff...
Lord Adonis | 681 c257GC (Link to this contribution)
moved Amendments Nos. 108 and 109:"Page 8, line 45, leave out ““(8)”” and insert ““(8)(a), (b) or (e...
Lord Adonis | 681 c258-9GC (Link to this contribution)
The noble Baroness has made a number of good points; indeed she could hardly do otherwise since she ...
Baroness Walmsley | 681 c259-60GC (Link to this contribution)
I thank the Minister for his response. He is right to say that there may be a case for making a dist...
Lord Harris of Haringey | 681 c246GC (Link to this contribution)
I am grateful to my noble friend for his assurances on this point and for the clarification he has j...
Lord Adonis | 681 c246GC (Link to this contribution)
We certainly intend to produce guidance. On who will be providing direct information and assistance,...
Lord Adonis | 681 c238-9GC (Link to this contribution)
The amendments seek to ensure that where individuals were not subject to vetting procedures as they ...
Lord Laming | 681 c242GC (Link to this contribution)
The noble Lord, Lord Harris, has given me the nod to attempt to speak to Amendment No. 142. If I mak...
Baroness Buscombe | 681 c239GC (Link to this contribution)
I thank the Minister for his response. I have written down the words ““Licensing Act””. I find it am...
Lord Laming | 681 c236-7GC (Link to this contribution)
Like the noble Baroness, Lady Buscombe, I am grateful to the noble Baroness, Lady Royall, for a very...
Baroness Greengross | 681 c231-2GC (Link to this contribution)
moved Amendment No. 78:"Page 3, line 21, after ““services”” insert ““or through direct payments or i...
Baroness Buscombe | 681 c231GC (Link to this contribution)
I thank the Minister for his response. I accept, as I think all employers would, that the burdens ar...
Lord Adonis | 681 c229-31GC (Link to this contribution)
I am grateful to the noble Baroness for giving me the opportunity to say a little more about the cos...
Lord Adonis | 681 c229GC (Link to this contribution)
moved Amendment No. 76:"Page 44, line 41, after ““(1)”” and insert ““, (1A)””"
On Question, amendme...
Baroness Walmsley | 681 c228GC (Link to this contribution)
I thank the Minister for her reply. I very much agree with her statement that she was in favour of i...
Lord Adonis | 681 c224GC (Link to this contribution)
moved Amendment No. 62:"Page 41, line 38, leave out ““or (5)”” and insert ““, (5) or (5A)””"
On Que...
Baroness Buscombe | 681 c226GC (Link to this contribution)
I have considerable sympathy for the amendments. I must confess that I have not looked at their draf...
Lord Harris of Haringey | 681 c262-4GC (Link to this contribution)
moved Amendment No. 128:
Page 17, line 45, at end insert—
"( ) The harm test may only be satisfie...
Lord Adonis | 681 c262GC (Link to this contribution)
moved Amendments Nos. 124 and 125:
Page 16, line 11, leave out "reasonably"
Page 16, line 20, ...
Lord Adonis | 681 c282GC (Link to this contribution)
moved Amendments Nos. 176 to 178:
"Page 49, line 42, leave out ““21(4)”” and insert ““21””"
"Page ...
Lord Brougham and Vaux | 681 c270GC (Link to this contribution)
Amendment No. 145 has already been spoken to—
Lord Adonis | 681 c270GC (Link to this contribution)
moved Amendment No. 144:
"Page 19, line 36, leave out subsection (8)."
On Question, amendment agre...
Lord Adonis | 681 c268-9GC (Link to this contribution)
moved Amendment No. 133:
"After Clause 27, insert the following new clause—"
““PERSONNEL SUPPLIER...
Lord Adonis | 681 c281-2GC (Link to this contribution)
A provision of the kind envisaged by the noble Baroness would be unusual, although, I am told, not a...
Baroness Walmsley | 681 c281GC (Link to this contribution)
moved Amendment No. 175:
"Page 28, line 5, at end insert ““either with or without modifications””"
...
Baroness Howarth of Breckland | 681 c278GC (Link to this contribution)
I rise to break my silence on the Bill and to support the amendment. I want to ask the noble Barones...
Baroness Thornton | 681 c278GC (Link to this contribution)
In the terminology I used, I tried to reflect what was in the Sexual Offences Act—but I am definitel...
Baroness Thornton | 681 c279GC (Link to this contribution)
I thank my noble friend for that fairly encouraging answer. The point about the three days’ duration...
Baroness Walmsley | 681 c276GC (Link to this contribution)
As I said, in view of the Minister’s commitment to come back with a government amendment on the duty...
Baroness Walmsley | 681 c272-3GC (Link to this contribution)
After that marathon, I rise to oppose that Clause 40 stand part of the Bill. The clause provides for...
Lord Adonis | 681 c275-6GC (Link to this contribution)
As the noble Baroness, Lady Buscombe, said, I have given a number of assurances about the guidance i...
Baroness Walmsley | 681 c256GC (Link to this contribution)
I thank the Minister for that explanation. However, I fail to see why someone who comes to a person’...
Baroness Walmsley | 681 c247GC (Link to this contribution)
In that case I am well satisfied and I beg leave to withdraw the amendment.
Amendment, by leave, wi...
Lord Adonis | 681 c267GC (Link to this contribution)
The answer is yes.
Lord Harris of Haringey | 681 c266-7GC (Link to this contribution)
I am enormously grateful to my noble friend for that very full and thorough reply. We will come on t...
Lord Adonis | 681 c257GC (Link to this contribution)
moved Amendment No. 104:"Page 8, line 34, leave out ““a prison”” and insert ““an establishment in wh...
Baroness Walmsley | 681 c257-8GC (Link to this contribution)
I have given notice of my intention to oppose Clause 18 standing part of the Bill in order to probe ...
Lord Adonis | 681 c260GC (Link to this contribution)
moved Amendments Nos. 111 to 113:"Page 13, line 28, at end insert—"
““( ) request the person w...
Baroness Walmsley | 681 c246GC (Link to this contribution)
I thank the Minister for his reply. On Amendment No. 85, the best way for a potential employee to fi...
Lord Adonis | 681 c246GC (Link to this contribution)
I can certainly give my noble friend that assurance. We will do so.
Lord Adonis | 681 c247GC (Link to this contribution)
Yes. That is what I am saying.
Lord Laming | 681 c246GC (Link to this contribution)
I am very grateful for the Minister’s full and detailed reply, which was most reassuring. The noble ...
Lord Harris of Haringey | 681 c242GC (Link to this contribution)
I rise to speak in support of Amendment No. 142, not because of any inadequacies in what the noble L...
Baroness Walmsley | 681 c237GC (Link to this contribution)
Before the noble Baroness, Lady Greengross, withdraws the amendment, I should like to add my voice t...
Baroness Walmsley | 681 c239-42GC (Link to this contribution)
moved Amendment No. 85:"Page 5, line 2, at end insert—"
““( ) In subsection (7) an ““occasiona...
Baroness Royall of Blaisdon | 681 c234-6GC (Link to this contribution)
Crucial to this debate is the fact that direct payments are about putting individuals in control of ...
Baroness Walmsley | 681 c232GC (Link to this contribution)
The noble Baroness, Lady Greengross, raises a number of very important issues. I am sorry; I see tha...
Baroness Walmsley | 681 c232GC (Link to this contribution)
I am grateful. I blame my cold—I was not quite on my toes.
The noble Baroness, Lady Greengross, mak...
Lord Adonis | 681 c231GC (Link to this contribution)
It will be part of the roll-out in 2008, when the new scheme is fully introduced.
Baroness Buscombe | 681 c229GC (Link to this contribution)
moved Amendment No. 77:"Page 3, line 16, at end insert—"
““( ) Regulated activity providers wi...
Lord Laming | 681 c229GC (Link to this contribution)
I am most grateful.
[Amendment No. 75 not moved.]
Lord Laming | 681 c227-8GC (Link to this contribution)
I am grateful to the Minister for that full reply. As she was going through it, I was a little uncer...
Baroness Lockwood | 681 c223GC (Link to this contribution)
I shall begin by saying that if there is a Division in the Chamber while we are sitting, this Commit...
Lord Adonis | 681 c224GC (Link to this contribution)
moved Amendments Nos. 65 to 67:"Page 42, line 26, leave out ““are made”” and insert ““exist””""Page ...
Baroness Walmsley | 681 c224-5GC (Link to this contribution)
moved Amendment No. 73:"Page 44, line 30, at end insert—"
““(f) any service provided wholly or mai...
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