Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011

Duke of Montrose Excerpts

Tuesday 25th January 2011 Grand Committee

[Baroness Jones of Whitchurch]

I thank the Minister for his kind wishes and look forward very much to working with him constructively in the future. I thank him, too, for his explanation of the technical nature of the order and the purpose behind it.

The order builds on the important legislation introduced by the previous Government across the UK in response to the Bichard inquiry, which followed the tragic murders in Soham in 2002. As we heard, the Protection of Vulnerable Groups (Scotland) Act 2007 was Scotland’s response to the recommendation for a registration scheme for those working with children and vulnerable adults. We fully support this consequential order and the intentions behind it. Again, I understand that the Minister has underlined its technical nature and that some of the changes and information we request might be more pertinently directed to the Home Secretary when further announcements are made after the review.

In advance of that, I have two questions that the Minister may be able to answer today. First, given the enormous sensitivity of the information contained in the children’s and adults’ barred list, what steps are in place to guarantee the confidentiality of the information provided by the Independent Safeguarding Authority and Disclosure Scotland to Scottish Ministers? Secondly, how is it proposed to store the information? I am sure the Minister will be aware of the stories that blight all Governments about such sensitive information going astray. I would be grateful if he would confirm that proper protection is in place for the storage of that information.

Secondly, the regulatory impact assessment refers to the need for a post-implementation review to measure the time taken to process applications. As the Minister will know, this has been an ongoing source of frustration, particularly for those applying for jobs working with children. It is also potentially frustrating for volunteers who find that their attempts to help out with fairly simple tasks in schools and youth clubs are put on hold while their applications are processed. It may be that the Home Secretary can comment on this, but in advance of that, can the Minister say whether there is anything in the order that might lead to further delays in processing these applications?

[The Duke of Montrose]

Can I ask my noble friend a couple of points on these measures? First, he explained in some detail how the order will allow Disclosure Scotland to obtain information from the Independent Safeguarding Authority in England. Is mirror legislation already in place to allow the ISA to obtain information from Disclosure Scotland? He said that it would be, but I do not know whether it is already. Secondly, is there any way of distributing the costs of obtaining this information between the different devolved authorities? It is an advantage that each authority has access to the other’s material, but there is a danger that it could be interpreted that there should be a monthly update and they would swap the latest information. In that way, each would have an up-to-date database, but again there is the question of security, which has also been raised by the noble Baroness, Lady Jones.

[Baroness Walmsley]

My Lords, I, too, thank the Minister for explaining this order and add my welcome to the noble Baroness, Lady Jones of Whitchurch, to her new portfolio.

I have a few questions. In the past, there has been a problem with the transfer of information across borders, so it is welcome that this matter is being addressed. I wonder why the amendments made to the Data Protection Act 1998 by the Safeguarding of Vulnerable Groups Act 2006 were not made by the Protection of Vulnerable Groups (Scotland) Act 2007, and have not been made until this Parliament. I wonder why the previous Government did not take that opportunity. Perhaps I should not be asking the Minister but addressing my question to the previous Government. I suppose that taking nine months to get round to this matter is not bad, given the major issues that require this Government’s attention. I wondered whether the provisions of this instrument were a matter for public consultation. However, I noticed that paragraph 8.1 of the Explanatory Memorandum mentions that there was no such consultation, despite the fact that there were two general consultations on the overall protecting vulnerable groups scheme.

Reflecting something that the noble Duke has just raised, how frequently will the Independent Safeguarding Authority be expected to report to Scottish Ministers and has any timetable for reports been established?

Finally, I refer again to something that interested me in paragraph 8.1 of the Explanatory Memorandum. It says:

“The Scottish Government’s response (April 2010) to the second consultation listed changes made as a result of the consultation, which included dis-applying some barring offences around ‘host parents’ to provide more local discretion”.

I wonder whether the reference to “host parents” relates to sleepovers. Many children enjoy going to stay with their friends overnight, although in my day sleepovers were called pyjama parties. Is there any plan to follow the Scottish example in England? I know there is a feeling that it should be up to the child’s parents to appoint the child’s friend’s parents in loco parentis. It is felt that parents should take responsibility for ensuring that the friend’s parents are suitable people to have their child under their roof overnight. If that is the case, how will this provision apply to foster parents in Scotland? Does the Minister know whether foster parents will have the same discretion? Furthermore, is there any plan to follow that example in England? I know that there is a lot of concern among foster parents that they do not have the same discretions as parents have for their own children and that sometimes they have to go running to local authorities to obtain permission for things that they should perfectly well be able to decide for themselves.