The Secretary of State for the Home Department (Mrs Theresa May)
I announced on 15 June that further implementation of the Vetting and Barring Scheme would be halted pending a review of the scheme. Together with my right hon. Friends the Secretaries of State for Education and for Health, I am today announcing the terms of reference for this review which we have collectively agreed.
The review will be thorough and consider afresh the principles and objectives of the scheme and recommend what, if any, scheme is now needed. The review will be developed by officials working jointly across our three Departments and recommendations are expected early in the new year.
The protection of children and vulnerable adults must be paramount. But we must also ensure that arrangements are proportionate and support a trusting, caring society where well-meaning people are encouraged rather than deterred.
In parallel, a review of the criminal records regime will take place, led by the independent Government Adviser for Criminality Information Management, Mrs Sunita Mason. This will be undertaken in two phases and will report firstly on employment vetting systems which involve the Criminal Records Bureau, followed by a report on the broader regime.
The terms of reference for these are below.
Vetting and Barring Scheme Remodelling: Terms of Reference
In order to meet the coalition’s commitment to scale back the vetting and barring regime to common-sense levels, the review will:
Consider the fundamental principles and objectives behind the vetting and barring regime, including;
Evaluating the scope of the scheme’s coverage;
The most appropriate function, role and structures of any relevant safeguarding bodies and appropriate governance arrangements;
Recommending what, if any, scheme is needed now; taking into account how to raise awareness and understanding of risk and responsibility for safeguarding in society more generally.
Criminal Records Review: Terms of Reference
The Criminal Records Review will examine whether the criminal records regime strikes the right balance between respecting civil liberties and protecting the public. It is expected to make proposals to scale back the use of systems involving criminal records to common-sense levels. The review will include consideration of the following issues:
In phase 1:
(i) Could the balance between civil liberties and public protection be improved by scaling back the employment vetting systems which involve the Criminal Records Bureau (CRB)?
(ii) Where Ministers decide such systems are necessary, could they be made more proportionate and less burdensome?
(iii) Should police intelligence form part of CRB disclosures?
In phase 2:
1. How should the content of a “criminal record” be defined?
2. Where should criminal records be kept and who should be responsible for managing them?
3. Who should have access to criminal records databases, for what purposes and subject to what controls and checks? To what extent should police intelligence be disclosed?
4. What capacity should individuals have to access, challenge and correct their own criminal records?
5. Could the administration of criminal records be made more straightforward, efficient and cost-effective?
6. Could guidance and information on the operation of the criminal records regime be improved?
7. How effective is the integration of overseas data into the criminal records regime?