Walking and Cycling

Baroness Heyhoe Flint Excerpts

Tuesday 9th February 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

Over the past five years the spending on cycling per person in England has actually gone from £2 per person to £6 per person. If we look at the priority cities, £10 is being spent on each individual. The noble Baroness talked about safety. The Government are investing a further £50 million in the excellent Bikeability scheme, which ensures that our next generation of cyclists are avid cyclists but also learn the importance of safety in cycling.

[Baroness Heyhoe Flint (Con)]

My Lords, in the recently published new strategy for sport, the Minister for Sport said that the DCMS is not the only department that should be concerned about supporting the health of the nation; 10 other government departments were mentioned in that strategy but, interestingly, not the Department for Transport. I wonder if my noble friend the Minister could—not get on his bike but get involved and speak to all those various departments to see if there can be joined-up government to help such an important facet of our nation’s health.

[Lord Ahmad of Wimbledon]

My noble friend makes a very important point and I shall certainly follow that up. But I assure her that health is one of the key priorities for the DfT.

Protection of Freedoms Bill

Baroness Heyhoe Flint Excerpts

Monday 12th March 2012 Lords Chamber

The church is another very good example. I have worked with people in churches who have had to deal with situations where wonderful people, as they are described, turned out to be serial and serious abusers. The Lucy Faithfull Foundation staff work not with nasty-looking people in raincoats but with respectable, professional, well meaning, well presented adults, who turn out to be the most horrendous predatory paedophiles. We must remember that and protect our children.

[Baroness Heyhoe Flint]

My Lords, I regret that I was not able to be present for the debate on Report, and I am therefore glad to have this opportunity to make brief comments on the progress that has been made on this part of the Bill. In the long innings of the Bill, I started off as an attacking batsman working with the sports and recreation sector in seeking to knock certain aspects of it out of the ground. I am now sufficiently reassured to play a steady, forward-defensive, strong and resolute stroke against the proposed amendment.

In previous debates, my sporting colleagues and I, including my noble friend Lord Addington, highlighted the concerns voiced by the sport and recreation sector, which has more volunteers than any other sector in the United Kingdom—no fewer than 2 million. The central concern was that the term “day-to-day supervision” was not workable for organisations that safeguard children in a wide range of specialised and unique environments. However, I very much welcome the clarity provided by the amended qualitative description of supervision, and was greatly encouraged by the assurance given by the Minister on Report that sports organisations would have precisely the discretion that they need in determining the appropriate level of checking for voluntary roles.

In counteracting the arguments put forward by the noble Lord, Lord Harris, I am grateful to the Government for having listened and responded in this way. My sentiments are echoed by the England and Wales Cricket Board, the Football Association and other members of the Sport and Recreation Alliance, which represents more than 300 governing bodies. The Government have struck the right balance and arrived at a proportionate place, and I look forward to hearing what the Minister will say today.

The governing bodies of sport are keen for this receptive dialogue to continue, and I welcome the Minister’s other assurances on Report that his department will work alongside the sport and recreation sector to develop guidance and implement the new safeguarding framework, including in the further education sector. The noble Baroness, Lady Walmsley, spoke about that. Organisations that administer sport and recreation will need to plan well in advance of changes to ensure that the new system is implemented effectively. Therefore, anything that the Minister can say to reassure the hard-working staff of these governing bodies about the timeline and the process of the consultation will be greatly appreciated.

In conclusion, my key point, having had several in-depth meetings with the Minister and his team, and consulted very widely with national governing bodies of sport, is that we have been assured that safeguarding children will always be a priority of this Government. Safeguarding is the responsibility of everyone—the Government, employers, voluntary organisations and communities. The Government can ensure proper eligibility for criminal record disclosures for those working with vulnerable groups. However, it is also the responsibility of employers and voluntary organisations to ensure that they have in place proper, risk-based safeguarding mechanisms that protect children, and that they do not rely solely on a criminal record or barred-list check. Additionally, taking some supervised work out of regulated activity will give employers and administrators scope to make the appropriate judgment, and will reduce the burden on employers and encourage volunteering.

We in the sector that I represent have been assured that statutory guidance on supervision will be provided. The Bill makes it clear that supervision must be reasonable in all circumstances for protecting the children concerned. People working closely with children but not within regulated activities will be eligible for enhanced criminal record certificates. It is not right to provide barred-list information on enhanced criminal record certificates that does not relate to regulated activity. The information is not relevant to employers who are not providing regulated activities, and could lead to too many people being barred from work in which barring is not relevant. This action could significantly expand the scope of the scheme, possibly to greater numbers than proposed by the old scheme. With this proportionate and balanced understanding and government assurances, I feel it would be unwise to support Amendment 5 because it would take the regime back to something that would be disproportionate and would discourage volunteering across all sectors of life.

[Baroness Butler-Sloss]

My Lords, I very much support what the noble Baroness, Lady Howe, said from her enormous experience. I suggest that the House and particularly the Minister should take very careful account of it. Saying that means that I very much support what the noble Lord, Lord Bichard, said about his amendment, which I also support. I do not at the moment think that I support what the noble Lord, Lord Harris of Haringey, said. The amendment tabled by the noble Lord, Lord Bichard, is the one that matters.

The important point is regular and close contact with children. I listened with some dismay to the noble Baroness, Lady Heyhoe Flint, because I am not sure that she is talking about what we are talking about. I do not believe that what she said is really what we are concerned with on this amendment. I am a school governor—I am going to a governors’ meeting tomorrow—and I have been CRB checked, but I cannot see for what reason I should be CRB checked because I never see a child without someone else there. Even when I go around the school, I am always accompanied. That is not what this amendment is about. It is about regular and close contact with children, as I said, and that is the point on which noble Lords should concentrate.

Protection of Freedoms Bill

Baroness Heyhoe Flint Excerpts

Tuesday 6th December 2011 Lords Chamber

Moved by

[Baroness Heyhoe Flint]

58: Clause 64, page 50, line 43, after “(2B)” insert “or (2C)”

[Baroness Heyhoe Flint]

My Lords, I am glad to have the opportunity to build on the comments I made during Second Reading, which highlighted the efforts made by sports bodies to provide the safest possible environment for young people to enjoy sporting activity. As I said at Second Reading, the sport and recreation sector has voiced the concern that many individuals who have regular and close contact with children will not be regulated due to their being supervised by regulated individuals.

The Bill’s criterion of “supervision” is considered by many to be a concern in relation to sport. The amendment aims to rectify this by being an exception for sport and recreational activities, thereby allowing the governing bodies to manage their risks as they deem appropriate in the context of their own activity. Sport and recreation are delivered in a wide range of environments—in sports halls, swimming pools, football pitches, on a river or, if one is so disposed, even on the side of a mountain. These are all situations in which governing bodies have to protect their young participants, yet within all these environments the nature of interaction between participants differs greatly, as does the nature of supervision.

At present governing bodies are trusted to make their own assessments of risk and implement safeguards accordingly. I think that this is a balance they currently get right. In fact, the spirit of this amendment is consistent with the position adopted by the Government. From conversations with various governing bodies, not least the England and Wales Cricket Board, of which I am a board member, it is clear that they are both willing and able to continue to take responsibility as the Minister has described. The sentiment is also expressed in the amendment tabled by my noble friend Lady Walmsley, which I also support.

There is a second and more pressing point to make on the subject of supervision in the Bill, which is that it contradicts the experience of the sports governing bodies to assume that the danger presented by an individual correlates with the degree to which they are supervised. The individuals that we seek to protect against are manipulative and calculating. They will undoubtedly seek to occupy those roles which are unregulated, and we must therefore ensure that the scope of regulated activity captures everyone who has the ability to develop a relationship of trust with a child. Therefore, I would welcome comments from the Minister about what the “supervision” criterion means for sport in practice, and I would welcome the Government’s commitment to provide guidance on this issue. Sport and recreation organisations believe that an individual who has the ability to develop a relationship of trust with a child should be regulated, regardless of supervision.

--- Later in debate ---

[Lord Henley]

My Lords, I think that we are moving away from what the amendments originally were about. There now seems to be a general attack on any idea of supervision at all. I am making it clear that we believe that supervision is appropriate but that it is just a question of getting that balance and proportionality right. For that reason, we think that we have got it right and that is why we will consult on the detail, which, as my noble friend Lady Hamwee made clear, was a matter more appropriate for the Bill. I do not think that I can add much more at this stage. I have dealt with the three subgroups of amendments within this group. I very much hope that my noble friend Lady Heyhoe Flint will withdraw her amendment and that the other amendments will not be moved.

[Baroness Heyhoe Flint]

I thank my noble friend for his response. Having lobbed the pebble in the water, it has drawn up several matters that I had not envisaged in my amendment. I am encouraged that the Minister has listened to my pleas, which perhaps is rather selfish, and has given assurances concerning governing bodies and further education. Working on the premise that it is better to be safe than sorry and having had the assurance that there will be further guidance and consultation, which I am sure will be balanced and proportionate, I beg leave to withdraw the amendment.

Amendment 58 withdrawn.

--- Later in debate ---

[Lord Addington]

My Lords, the amendment tabled in my name and that of my noble friend Lady Heyhoe Flint addresses a concern that has been raised by the major sporting bodies. As the Minister said when speaking to his own amendment, there is a concern that the central recruitment process, which they are happy with and reasonably confident about, would in effect be reduced in power by the fact that there will now be an individual process.

By bringing forward Amendment 73, it is clear that the Government have been listening to an extent, but the major sporting bodies are still worried. They are concerned that the process being proposed by the Government, even with the tracking facility described by the noble Lord, will allow the way in for certain types of fraud and pose problems of individual disclosure that will affect the volunteering process. There is also a fear that the individual presentation of a certificate will get in the way of a centralised system that has become used to and confident about dealing with situations where, if there is a disclosure on a criminal record certificate that does not affect an individual’s ability to conduct a voluntary activity, it will actually not be disclosed. Such a disclosure might involve long expired convictions of a criminal nature that have no effect on the individual’s voluntary coaching activity. Offences such as those acquired after Saturday night boisterousness or other minor offences against property that go back a long way might become relevant. That is one of the problems the sporting bodies have with this. For instance, some 15 per cent of applicants into football have these types of convictions, or perhaps even more serious ones, but they are certainly not regarded as being that relevant to the safeguarding of individuals.

Also, although the Minister thinks that he has dealt with this, there are still concerns about there being a built-in process of delay—potential stalling. Stalling might come down to the volunteering. One example is the volunteer who has only just applied for this because they have increased their position in an organisation, they have been associated with the club for a long time, or they are an ex-player who has come back in a coaching role. That person makes a presentation to that club, goes to the central body and starts to stall. This is a person who is intent on doing something bad. How does one chase them up? When do you know that you should do something? When does a central authority know it should start chasing? We propose a maximum two-week delay between the application coming through and being informed that something has gone on.

That gives a timeframe, which addresses one of the major concerns about inaccuracy on those applications. It is said that only 0.06 per cent of all applications are wrong, so we have something here that involves a very small number. A two-week delay before having to make this announcement would give you a chance to look at this and say that there was a mistake. It would give you a finite period during which you can find out what is going on. It would remove from someone the responsibility to have to stall so that the person does not have access to the positions of authority that we discussed earlier. This is what the application process is for.

Sports governing bodies are very concerned to have a system that works and that they are confident about. That system is being undermined and interfered with, maybe not as much as the Government’s amendment initially proposed, but they are still concerned. I look forward to hearing what the Minister has to say.

[Baroness Heyhoe Flint]

My Lords, I will speak to the Government’s Amendment 73 and in support of what my noble friend Lord Addington has said.

I sincerely thank the Minister for meeting me and sports colleagues and Girlguiding UK and for such a constructive discussion. However, while I am sure that the new amended clause will produce a system that works quickly and efficiently for the vast majority of people—92 per cent was mentioned—there remains, particularly on the sporting side, a concern about governing bodies’ ability to deal effectively with the remaining 8 per cent.

Amendment 75, moved by my noble friend Lord Addington, recognises that organisations that take on the responsibility for providing safe environments for children need information about those individuals who may pose a risk. The amendment does not challenge the Government's very sensible aim, which I share, of allowing individuals to dispute inaccurate information. I believe that that period, whether it is 10 days or two weeks, might be appropriate.

There are two very sensible reasons to continue sending copies of disclosures to the registered body. The first is that organisations can handle individual cases more effectively if they know whom they are dealing with. The Government's amended system highlights content but does not reveal the details. At present the governing bodies of sport are able to take appropriate action based on an assessment of the individual's unique criminal record. Where the criminal record poses no threat to children, the individual will be approved. Where further information is required to make that judgment, the governing body can make discreet inquiries until it is able to make an assessment. Where information clearly gives cause for concern, measures will be put in place to remove that individual from the sport, but only once the information is confirmed as accurate.

Protection of Freedoms Bill

Baroness Heyhoe Flint Excerpts

Tuesday 8th November 2011 Lords Chamber

[Baroness Heyhoe Flint]

My Lords, at the risk of sounding like Little Miss Echo to my noble friend Lord Addington, my interest in the Bill centres on the impact it will have on the sports sector, particularly the work undertaken by national governing bodies of sport, NGBs, to ensure that all participants in sport are given a safe environment in which to play and administer, especially where a vast number of amateurs and volunteers are concerned.

First, I declare my interests as a board member of the England and Wales Cricket Board, an honorary life president of the Lady Taverners, who assist youngsters with special needs to give them a sporting chance, a vice president of Wolverhampton Wanderers Football Club—13th in the Premiership—and trustee of Wolves Community Charitable Trust.

NGBs such as the England and Wales Cricket Board and the Football Association have the duty to promote and regulate sporting activity in a structured environment. One of the duties they take extremely seriously is the welfare of those who participate in sport. We need to send out a message to parents that their children will be well looked after when they are involved at sports clubs or in other forms of leisure and sporting activity. I therefore support the Government’s work to safeguard vulnerable groups and the reforms set out in the Bill, such as the introduction of portable criminal record checks, which will make life easier for governing bodies which undertake a huge number of checks each year on their employees and volunteers.

I have two concerns, which I know are shared by many on all sides of this House, not least the right reverend Prelate the Bishop of Bristol. Concern number one is that Clause 79, on the disclosure of information, has the specific intent to remove the requirement that a person must send a copy of their CRB to a national governing body. Concern number two is that Clause 64, on the definition of regulated activity, aims to reduce the number of individuals who are regulated by excluding those who are subject to day-to-day supervision. The ECB, for example, currently processes vetting checks on all in cricket who work with children, whether these are individual coaches coming from overseas for the summer or long-term volunteers in their sporting community. More than 85,000 people have been checked by the ECB since 2003, when checks were first introduced. As the noble Baroness, Lady Dean, has noted, the Football Association does 35,000 checks a year.

Those who manage these vetting arrangements at the ECB and at other sporting bodies tell me that the changes proposed in the Bill increase the risk of dangerous individuals coming into contact with children. The proposed changes would therefore mean that registered bodies would be denied access to relevant information about all individuals who could pose a risk to children. Bodies such as the ECB currently manage disclosure content centrally with experienced and trained staff, ensuring consistency of decisions across the game. Obviously, the average club-level volunteer does not have such expertise. If, in future, an individual has to show their disclosure to their local sports club rather than to the governing body, there will be two problems. First, someone may have to show that they have a criminal record to their immediate peer group, undermining their privacy and possibly increasing the chances of collusion or of falsifying forms. Secondly, training will need to be provided to local club volunteers on how to handle disclosure content, which will increase burdens on volunteers at a local level and will mean extra costs to NGBs centrally to develop and run this training, thus creating a costly and time-consuming level of bureaucracy. All this would be unnecessary if the governing bodies received copies of the disclosure directly, which is what happens now.

The informal nature of volunteering in sport presents opportunities for individuals to withhold information. As a consequence, it is those types of individuals who pose the greatest risk to children and are likely to be manipulative in their behaviour, yet could still integrate into the club. It is surely not right that those who volunteer in sport, doing so no doubt because they love that sport, suddenly have a working responsibility to become experts on criminal record checking procedures.

Clause 64 amends the Safeguarding Vulnerable Groups Act 2006 by narrowing the definition of regulated activity, as my noble friend Lady Walmsley mentioned. Crucially, this would exclude any role fulfilled while subject to the,

“day to day supervision of another person who is engaging in regulated activity relating to children”.

The proposed changes mean that an individual who has been barred would not be prevented from working with children in a supervised role—for example, as an assistant coach at a cricket club, provided that another supervising adult such as a head coach was present, because that assistant coach will no longer be liable to a full criminal record check.

With respect, the new arrangement fails to understand the way in which sports clubs are run. The House needs to note that, for example, many sports coaches, club minibus drivers and match organisers in a sports club could be considered as assistants if the club has a head coach, but unless the head coach were working alongside every volunteer assistant at every session it would be wrong to classify these people as assistants. I ask the Minister to consider how a sports club is to interpret the concept of supervision when on summer or winter evenings successful cricket clubs and junior football clubs may have hundreds of children being coached across a spread of sports fields and pitches. Does the head coach actually spread himself or herself to supervise every one of these sessions and all the volunteer assistants involved? That is an unfair burden to place on the sports club and one that may deter volunteering as well as reduce protection.

I hope that these concerns are well understood. My request at this stage of the Bill is that perhaps the Minister may agree to meet a delegation on this issue, including national governing bodies of sport, the Sport and Recreation Alliance and even Girl Guiding UK, which has also contacted me. I humbly suggest that just small amendments to the otherwise excellent Bill would uphold the protections that this House, the Government and all sports bodies and organisations want to see applied in order to safeguard potentially vulnerable groups of sport-loving youngsters.