Protection of Freedoms Bill

Debate between Baroness Royall of Blaisdon and Lord Addington

Wednesday 15th February 2012 Lords Chamber

[Lord Addington]

My Lords, first, I thank the noble Baroness and the entire Bill team for our discussions. As she hinted, my amendment was a result of the sports lobby, which deals with a large number of volunteers in a position of trust and power over vulnerable groups, predominantly children. Those groups and bodies are important in delivering a large amount of recreational sporting and other cultural activity within this country, and are dependent on volunteers. It was the relationship of the volunteer with those groups that gave rise to our concerns.

In the Government's recent sports policy, they are encouraging those volunteer groups to get involved in schools. That is a sensible move, because you get the enthusiasm and up-to-date thinking into schools for them to imbibe sporting culture. If we are to have that level of dependency on such volunteers to provide sporting and other activities, we have to ensure that they are checked. The governing bodies themselves want to know what they need to do and when they need to act. They need a defensive structure in place for the safety of the individual and the activity they are undertaking, which they regard as very important to the well-being of the state.

The Minister has given us a framework which we can probably work with. If I was being mean, I would say that half a loaf is better than no bread. I think we have three-quarters of a loaf, which is pretty well baked this time. I thank her for that. However, I should like the Minister to take this opportunity to say exactly what is required of the sporting bodies. Will this be made very clear? Will their minimum standards and best practice be stated very clearly in the guidance? If somebody is wheedling their way into your small sports club and making themselves indispensable but you are not quite sure about them or they will not fulfil parts of the CRB check or are delaying it, will it be made clear when you, as a sporting body, should take some action? We do not want to suspend people unnecessarily. We would like the guidance to cover the delicate interaction with people who give up their time for free to support things that are generally regarded as being for the public good. Therefore, can my noble friend give us further assurances about how the process and the framework within which sporting bodies will work?

My own sport—rugby union—like cricket, has laws, not rules, and the people within it are used to passing down authority from on high. They are well positioned to fulfil this role but if the Government would tell them what to do, that would make things easier for them. I think that the Minister is giving us that sort of information—that is, when you should or should not suspend somebody and what procedure you should go through. We have heard that the guidance is going to be upgraded and if we could be given an assurance in that guidance I would be much happier.

I thank the noble Baroness and the entire Bill team for the work they have done on this. I think that we are in a much better place but I should like to hear a little more about what is going on—possibly even to the point of overemphasis. However, I thank them for what they have done.

[Baroness Royall of Blaisdon]

My Lords, I was very pleased to add my name to the amendment in the name of the noble Lord, Lord Addington. As he said, it is not a perfect solution to the problems created—it does not address the concern of voluntary organisations up and down the country that individuals with minor and irrelevant criminal histories will be deterred from volunteering by having personally to submit their certificates to organisations, and it could strengthen the concern of groups with a high turnover, such as the care sector, that the bureaucracy caused by eradicating what was a quick and automatic process will mean that key roles are not filled quickly enough. However, I believe that accepting the amendment will provide the best iteration of what will potentially be a messy and bureaucratic process, and I think that the clarification requested by the noble Lord will be important to organisations’ understanding of the process.

I also note with pleasure the Government’s own amendment. I welcome the fact that, again, they have listened to the concerns of this House. However, I fear that the ultimate result of the changes to the process of CRB disclosure will be a system that is more complex for organisations to administer, and I worry that this could have a stifling effect on our voluntary sector.

I understand that two separate costs will be involved in the new portable CRB checks: a cost for initial disclosure and a cost for an ongoing subscription to update and validate the disclosure on a rolling basis. How do the Government propose to ensure that they do not create a two-tier system in which some individuals pay for only initial disclosure and do not access the new portability benefits by paying for a subscription? Will the Government confirm whether volunteers will be charged for the ongoing subscription, and why are they seemingly preventing the portability of checks between work with adults and work with children? It looks as though employers will have to apply separately for CRB checks and barring information, despite the fact that the Government are bringing the two organisations under one roof through the new Disclosure and Barring Service. Is this the case? Perhaps I am mistaken.

Protection of Freedoms Bill

Debate between Baroness Royall of Blaisdon and Lord Addington

Tuesday 6th December 2011 Lords Chamber

[Baroness Royall of Blaisdon]

I am grateful for that response from the Minister but I surmised from what the noble Lord, Lord Addington, said that the intention behind the amendment was indeed to capture a wider activity than just a sporting activity and to open it up a bit further to encompass youth clubs or whatever. However, I may be wrong about that.

[Lord Addington]

Perhaps I may come in here to clarify the matter. I was using sport as an example of where you get activity. The noble Lord has started to answer my concern but, although he has gone some of the way in his initial response, I do not think that he has totally embraced the position of control that can be taken on by a coach, even if that coach has a subservient role to the main coaching structure. For instance, if you are a potential shot-putter, you need a strength coach. You need someone to control your diet, your exercise and the way you sleep. I am trying to get at whether that degree of control is within an organisation. The noble Lord is starting to get there but I am just saying that, unless that degree of control in this one sector is addressed, he is going to miss out a lot of things in other sectors.