Safeguarding Vulnerable Groups Act 2006 (Amendment) (Provision of Information) Order 2025

Baroness McIntosh of Hudnall Excerpts

Tuesday 25th February 2025 Grand Committee

[Baroness Brinton (LD)]

My Lords, just before I contribute, are we not doing both SIs together?

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

That is not what my brief indicates, but of course, if the noble Lord wishes to do that, he can propose it.

[Baroness Brinton (LD)]

I apologise.

The first reading of this brief regulation and the Explanatory Memorandum is misleading. It appears to be a minor correction to ensure that access to DBS barred list details will now include non-territorial and specialist police officers. Nothing to see here—or is that the case?

Once again, I thank the Secondary Legislation Scrutiny Committee for its 14th report of this Session, in which it set out the real background to this SI and the previous history of errors in law by this department being corrected by regulations—but with Explanatory Memorandums lacking in information to inform those parliamentarians wishing to scrutinise regulations. It points out at least 10 SIs for this period since July 2024 that have been unsatisfactorily presented to your Lordships’ House—referenced by the committee in its third, fourth, eighth and 10th reports. This SI now needs to be added to that list.

The reality of this SI is that highly confidential information under the DBS legislation had been passed on to police bodies even though they were not permitted to receive it. The original Act, passed in 2006 under the previous Labour Government—nearly 20 years ago now—has clearly not been reviewed in detail since then. One must commend the new Government for dealing with not just this issue but the other ones as well. However, it is a real shame that the somewhat underhand tactics of the Explanatory Memorandum, designed to elicit confidence in the reader, are misleading as to be against the spirit of the relationship between a Government and the Parliament that is there to ensure that it can hold that Government to account. Can the Minister say whether the systems have been changed in the Home Office to ensure that this type of obfuscatory approach is now ended and that all such legislation that needs to be updated has been updated?

On the SI itself, the Secondary Legislation Scrutiny Committee raises the issue that the implication of the draft order is that unlawful sharing of data may have happened, even if it did not concern very many people. Individuals on the list may have been affected by being denied a job or made the subject of a protection order. So can the Minister tell the Grand Committee how many individuals—even if the number is small—may have been affected by the unlawful activity, and, perhaps even more importantly, whether those individuals have been told?