Protection of Freedoms Bill
Lord Addington Excerpts(12 years, 9 months ago)
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Lord Addington
I shall speak to Amendment 51, which stands in my name. Unfortunately, my noble friend Lady Heyhoe Flint is unable to be here. I am afraid that she is going through a learning curve on this Bill and has learnt the great rule about parliamentary procedure in the Lords that it does not matter how late you stay, sometimes the proceedings just will not get to your amendment.
I thank the Government for what they have said. They have listened to the concerns brought to me through the Sport and Recreation Alliance, which represents all the major sporting bodies. Its concern will probably be mirrored in every body that deals particularly with children and virtually any vulnerable group: that is, we do not exactly know how much authority a person will have over a child, which will change with each sport or activity over a period of time. If you are helping a dancer with flexibility or strength work, it is slightly different from assisting with strength work for a young shot putter. There will still be a very intimate level of interaction and a degree of authority.
Giving those bodies in charge the chance to interact with the Government and to make sure that there is a two-way dialogue means that there will be a better chance of getting this right. I thank the Minister for what he has said and for all the work that he has done on this. However, will he give an assurance that this will be updated periodically? Training techniques in virtually all sports change. Philosophies of engagement with groups of youngsters have certainly changed dramatically and will probably change again. A degree of change and a continuation of flow of information would be good, and what the Government have done is good. It addresses virtually all our points.
Baroness Sharp of Guildford
My Lords, I regret to say that my noble friend Lady Walmsley is unable to be here today and has asked me to speak on her behalf on Amendment 52. The Minister has already mentioned this amendment. I take it from when he talked about the fact that the situation in further education colleges has yet to be finalised, and that the precise application can be ensured in regulations, that there is still some room for manoeuvre.
I should like to take up the two letters that the Minister wrote to my noble friend on 11 February and the other to my noble friend Lady Randerson on 1 February. I believe that it has been circulated to noble Lords. We are anxious that further education colleges should be treated in the same way as schools and that every full-time, and to some extent part-time, member of staff should be subject to the same vetting and barring rules. We were arguing that the staff should have a statutory CRB check. My noble friend has made the point many times as to the illogicality of the two types of institution being treated differently, but I will not dwell on that.
In his letter to my noble friend Lady Randerson, the Minister says:
“We do not consider it is right that, apart from special circumstances such as those applying to fostering and adoption, barred list information should be available in respect of posts which are not themselves subject to barring. This would effectively provide barring information to employers which is not relevant to the post and could lead to disproportionate and detrimental decisions”.
My noble friend Lady Walmsley and I do not agree that this information is not relevant to the post. We believe that it is relevant to the post if the employer thinks it is: in other words, if the employer thinks that the post, albeit not a regulated one under this Bill, would give the employee an opportunity to develop a relationship of trust with a young person.
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
Lord Addington Excerpts(12 years, 11 months ago)
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Lord Addington
My Lords, I support my noble friend. I believe that this is the first amendment that she has moved in this House, and I congratulate her on that. The idea for Amendment 62, which stands in my name, was taken from sport. As my noble friend has stated, it is very difficult to decide who is actually in charge of a particular part of a sporting activity when it comes to training. In certain sports—Rugby Union is a good example—the sub-coach may be in charge of a session that deals with an aspect of the activity. This is the driving force behind the amendment. The noble Baroness, Lady Royall, has pointed out that the Bill goes much wider, and I look forward to clarification from the Minister.
The importance of the amendment is that it points out that in a very big sector—sport is one of the most important sectors for volunteers and one of the biggest individual volunteering sectors—you do not really know, when you are taking part in this structure of coaching, exactly who is in charge at any time. People will be taken away for specific coaching—strength, speed, endurance or technical—and will be out of the supervision and control of the overall body and will be undertaking something that the overall coach may not be able to understand; that may be why they are there.
We have to get to a position where everyone with that degree of power and control has had a full check. That is really all that this is about. I do not criticise the main principle in the Bill, but the fact is that certain people will be removed from a position of power by having someone else in charge of the session, and that should not be the case. For certain types of athlete, a certain type of coach will be in a position of power and control and will dominate bits of their lives, and we have plenty of examples where that has gone horribly wrong and there has been an abuse of trust.
I hope that my noble friend will be able to tell us that our interpretation of what he is saying is wrong, and that the extension of this and other types of activity will be caught by the Bill. If not, we will have to change it, but I hope he will be able to give us some assurances that we are worrying unduly and give us examples of why that is the case.
Baroness Walmsley
My Lords, I have two amendments in this group, Amendments 63 and 66. Amendment 63 would provide a level playing field between schools and colleges in relation to the information that they receive to help them with safe recruitment. The effect of the Bill as it stands is that colleges will no longer be able to access barring information about any newly appointed non-teaching staff, whereas schools will still continue to be able to receive this information.
All children should be given the same protection under the law wherever they study, and therefore all educational institutions should have identical access to criminal records and barring information. The current proposal places further education colleges on the same basis as leisure centres or places of worship, which children attend only occasionally, rather than in the same category as schools, which, like colleges, children attend on a daily basis and where they meet the same staff, both teaching and non-teaching, day in and day out.
This is not a minor matter affecting small numbers of young people. There are nearly 900,000 16 to 18 year-olds studying in colleges, about double the number of the same group attending sixth-forms. This number will rise when the participation age goes up to 17 and then to 18. There are also 63,000 14 to 16 year-olds who spend at least one day per week in a college, and that number is likely to increase following implementation of the recommendations of Professor Alison Wolf.
Colleges are clear that they want the ability to check that the staff they employ do not pose a risk to their students aged under 18. All staff in educational establishments are seen by children as trusted adults. Colleges want to maintain a safe recruitment procedure. The key to this is to ensure that they are able to make informed decisions regarding the suitability of applicants by continuing to receive barring information in addition to the criminal record check. This amendment would remove the anomalous differences between schools and colleges in respect of young people of exactly the same age group. It surely must not be the Government’s intention that a 14 year-old should have the full protection of the vetting and barring system from Monday to Thursday when she is at school and not have such protection on Friday when she goes to college.
The idea for Amendment 66, which is in my name, came to me during a meeting with my noble friend the Minister and my honourable friend Lynne Featherstone, the Minister at the Home Office, for which I am grateful. I am also grateful to the Public Bill Office for assisting me with the wording of the amendment. Lynne Featherstone made it clear that she wants organisations that use volunteers to work with young people to take responsibility for their recruiting practices and not rely entirely on CRB checks. I quite agree, but that is exactly what the sports organisations that were at the meeting do all the time. Indeed, their presence at the meeting was a clear indication of their conscientious care for the safeguarding of the young people engaging in their sport. They conduct their own risk assessments every day on everyone who comes into contact with the children taking part.
However, these organisations, as we have heard, are very concerned about the wholesale removal of many potential volunteers from the scope of regulated activity. They and I are concerned about what is called secondary access. We recognise that much of the abuse does not take place during the activity itself but elsewhere or on another occasion when the abuser takes advantage of the relationship of trust that he has been able to build up with the child during the activity, even where it has been closely supervised. They and I are also very doubtful as to whether any official guidance, however carefully crafted, can adequately identify the level of day-to-day supervision necessary to ensure protection and roles in which the adult cannot build up this relationship of trust.
These organisations are also concerned that although a registered body can ask for an enhanced CRB check on someone in an unregulated role, they cannot get information on whether that person is barred or not. A person can be barred on the basis of important and significant information other than by involvement with the police. Unless the information is known to the police, the organisation taking them on as a volunteer cannot get hold of it and may unwittingly take on someone who is barred and absolutely unsuitable in an unregulated role.
I think I have the solution to this problem. The people best placed to specify which roles within their organisations would give an adult the opportunity to build up that relationship of trust are the management of the organisations themselves. That is what my amendment says. It perhaps picks up the concerns expressed by the noble Lord, Lord Bichard, about the difficulty of specifying the level of supervision required. These organisations understand the situation on the ground much better than any civil servant sitting in the department writing guidance.
This amendment does exactly what the Government have said they want organisations to do. This is what it says in a document on frequently asked questions that was recently circulated by the Minister:
“The purpose of the change to the scope of regulated activity is two-fold. Firstly, it is to provide greater flexibility to employers and to organisations in using volunteers and staff who are supervised by not requiring them to carry out the checks that apply to regulated activity, but for such employers to have some flexibility in determining the level of vetting that they decide is appropriate in relation to any work. Secondly, it is to place the responsibility for safeguarding children sensibly with those who are directly responsible for the provision of services to children and to encourage them to have in place proper supervision and other safeguards”.
With that in mind, and bearing in mind similar statements made by the Minister in another place, I am very optimistic that my noble friend the Minister will accept my amendment, since this responsibility, which the Government require in the hands of the registered bodies, should be placed in the Bill.
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.
Lord Henley
My Lords, obviously at this stage I cannot define “recreational” as used by my noble friends in their amendments. It is not for me to define it; an explanation will have to come from noble Lords themselves as they move their amendments. The subsidiary point to that—the concerns expressed by my noble friend—may be best addressed by my noble friend Lady Hamwee’s comments when she talked about the difficulty of getting it down to just one or two words. She talked about the need to get this consultation, and the guidance ensuing from it, which is exactly right. I hope that my noble friend now accepts that that is what we are trying to do. That is why I want to make sure that the consultation is out before the next stage of the Bill. I see the noble Baroness, Lady Farrington, twitching to get up, so I shall give way.
Lord Henley
My Lords, in moving Amendment 73 I shall speak also to Amendment 82. Within this group we shall also consider Amendment 75, tabled by my noble friend Lord Addington, and Amendment 75A, in the name of the noble Baroness, Lady Royall, and others. It might assist the Committee if I first set out what Clause 79 intends to do before speaking to the government amendments in this group, as this is the first amendment in Chapter 2 of Part 5 of the Bill.
At present, a criminal record certificate is simultaneously sent to the individual applicant and to the registered body that countersigned the application, for example an employer or sports governing body. This means that the employer or voluntary organisation gets to see any conviction or other information included on a certificate before the individual applicant has an opportunity to contest the accuracy of any conviction information or the accuracy or relevance of any non-conviction information. The Government’s independent adviser for criminality information management, Mrs Sunita Mason, concluded that this approach was unfair to the applicant. We agree, as indeed does the Information Commissioner. Clause 79 therefore provides that henceforth a criminal record certificate should be sent only to the applicant. This allows the applicant to review and, where they deem it necessary, challenge any information on the certificate before it is passed to an employer, prospective employer or voluntary organisation. This change will also allow the individual to approach a prospective employer and provide background about why a particular record exists or provide further explanation or context that might not be apparent directly from the disclosure.
Some sports governing bodies and voluntary organisations, such as Girlguiding UK, have expressed concern about the impact of this change on their recruitment processes. I was able to hear about these concerns at first hand when I met a delegation of bodies referred to in the first amendment led by my noble friend Lady Heyhoe Flint, and I know that yesterday she had further meetings of a constructive nature with officials in my department. I can assure your Lordships that in implementing this change, we want to minimise any disruptive effect it may have on current recruitment processes. Having listened to the representations from the England and Wales Cricket Board, the Football Association, Girlguiding UK and others, we recognise that Clause 79 as originally conceived did not get that all-important balance right, which I have referred to on a number of occasions.
We believe that the government amendments in this group address the concerns that have been raised. Amendment 73 provides a clear legislative basis to enable a registered body to track the progress of an application online and be informed about its status. This tracking facility would also enable the registered body to ascertain whenever a certificate is clear: that is, that it contains no convictions or other police information. This is a significant point, as currently some 92 per cent of criminal record certificates are clear, so such a facility will ensure that in the overwhelming majority of cases the recruitment process can proceed with confidence, even if there is some small delay in the certificate being sent by the applicant to the registered body. Government Amendment 82 ensures that the same arrangements will apply to the up-to-date arrangements.
For the one in 10 cases where a criminal record certificate is not clear, the registered body will know the date on which the certificate was issued and, as such, will be able to take appropriate follow-up action if the applicant does not provide a copy of the certificate within a few days of that date. I should stress that there is no reason why sports governing bodies and others should not continue to run their recruitment processes from a central team. It follows that there is similarly no reason why these changes should require the local football coach or scout leader to become involved in individual recruitment decisions.
I also want to allay concerns that this change will put children at greater risk. That is absolutely not the case. Where a position falls within the scope of regulated activity the employer or voluntary organisation will be obliged, as now, to undertake a barring check before a person takes up that position. In any other case—that is, where the position does not fall within the regulated activity—it will be for the employer or voluntary organisation, again as now, to undertake a proper risk assessment and consider whether it is safe for a new employee or volunteer to be given supervised access to children before all the appropriate vetting processes have been completed.
Having spoken to the two government amendments, the first of which I will move formally in a moment, I will wait to hear what my noble friend Lord Addington and the noble Baroness, Lady Royall, or perhaps the noble Lord, Lord Rosser, have to say about their amendments before I respond to them. I beg to move.
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.
Lord Rosser
The Minister knows that I was not there with any sporting organisations, but I have an amendment down, which I take it that the Minister is not terribly enthusiastic about, which is very similar to the one tabled by the noble Lord, Lord Addington. The Minister has made it clear that he is prepared to discuss the amendment with the noble Lord, Lord Addington, so I am not quite sure why he originally intended to exclude ourselves.
Lord Addington
The noble Lord would of course add to any gathering that we had, and I hope that he comes at least as my guest to any meeting.
Lord Henley
I was not trying to exclude the noble Lord, Lord Rosser. I just thought that he was taking offence unnaturally, and in a manner that surprised me, because it was by a slip of the tongue that I referred to “my noble friends”. I could have included everyone; I included the sporting bodies. I look forward to seeing the noble Lord.
On the basis of what I said, I hope that as I move my amendments other noble Lords with amendments down will not want to press theirs.
Lord Addington
“Criminal conviction certificates
After subsection (2A) of section 112 of the Police Act 1997 (criminal conviction certificates) insert—“(2B) In carrying out the duty specified in subsection (2A), the Secretary of State must wait ten working days after sending a copy of the certificate to the applicant before sending a copy of that certificate to the registered person.””
Lord Addington
My Lords, I will make a speech consisting merely of two questions that I did not get a chance to ask. The grouping session occasionally catches us out, no matter how long we have been here.
Both my Amendment 75 and Amendment 75A, which were considered earlier, have limitations in them. Mine has 10 working days and the noble Lord’s amendment has two weeks. If that was made more flexible, would some of the objections to these amendments be removed? There might be something there, as 10 working days probably is more flexible, but does this slightly different definition of the time-lag make these more workable? It is workability that we are dealing with.
Also, can we have a little more consideration of the idea of the disclosure process? As proposed in the noble Lord’s amendment, if you have something which is irrelevant to the person, there may still be the concern of safety with your CRB check. Can the noble Lord give a bit more consideration about that process of disclosure? At the moment, one would be told that there was something on the check but not what it is. I wonder if the noble Lord could give a little consideration to that. I beg to move.
Lord Henley
My Lords, on the first point I would certainly be more than happy to consider a greater degree of flexibility. I am not sure whether I would accept that what my noble friend was offering—10 working days, rather than 10 days—actually adds much in the way of flexibility, but if he comes forward with some ideas, we would look at them. I can say no more than that, but it is flexibility we are looking at, rather than the precise duration.
On the second question, disclosure would be, again, a matter that we could discuss at the useful meeting I am hoping to have with my noble friend, at which we are very much looking forward to seeing the noble Lord, Lord Rosser, as well.
Lord Addington
I thank my noble friend for that response, and I beg leave to withdraw the amendment.
Digital Technology
Lord Addington Excerpts(12 years, 11 months ago)
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Lord Addington
My Lords, much of what I thought I would be saying that was original tonight has already been covered in the brief way we have charged around this debate. The noble Lord on the Front Bench seems to be indicating he has a similar problem. The one thing we can be sure about in the new digital world is that it has changed everything, and it has changed it faster than any of us has ever imagined possible, even 15 years ago. The whole level of interaction in a personal way has changed: people no longer natter obsessively on phones; they now exchange e-mails obsessively. As my noble friend Lord Lucas has said, the great demon that was television—indeed, independent television with adverts, which was the great bugbear of my youth—has now been accepted and gone beyond.
However, the noble Baroness and I did a little bit of digging online to discover a speech she made about a year ago which covered similar ground. In it, she pointed out that certain types of activity that offered immediate satisfaction from certain types of video game—particularly done for very long periods of time—affect the way our brains develop. That is not a big surprise to anybody who thinks about it for a second, because the way you use your head changes the way your body operates and learned responses go into muscle and brain. It is just there; it is not a big surprise. Anybody who has ever played a sport knows that you can change the way your reflex patterns go from the way you interact with people.
The problem here is that this may be something which cuts out other types of human interaction. I believe that was roughly what the noble Baroness was coming out with. Again, this is not a surprise. The question is—and my noble friend Lord Lucas pointed out the dangers—how worried should we be? How worried should we be about what it cuts down or what it takes away from us? The interaction is something we must be looking at. The issue of autism flies around anything that goes online now and there is a suggestion that we should worry, but we do not really know. That is one of the issues that come out here.
What are we going to do about it? I am afraid that the Government have either got to do the research themselves or encourage others to discover what is happening here. We are effectively putting out feet into a new pool. The change in activity and the volume of time spent is the great problem; it is not the fact that you actually play a game and destroy the aliens or the advancing hoards from some Narnia coming out from your screen. It is a problem if you spend hours and hours at a very young age doing that. That is the difference. Obsessive behaviour has consequences.
I do not knock the digital: I would not be able to write at all without digital help because I am severely dyslexic, so it has been a huge bonus to me in certain ways, and to many other people. Unless we can actually get at what is happening and take a realistic view of it, we are going to have some problems here. One thing we can be sure of is that new technology will encourage the fear-mongers and the panic buttons to be pressed and the wrong information will come out. We have to encourage people to look at this in a realistic and sensible way. Without that, interesting as the noble Baroness’s thesis is, as much attention will be focused on people who are saying, “I spend 43 hours a week online playing one game and it doesn’t do me any harm and, by the way, what month is it?” We have to have some interaction and study between those who use this and those who do not. Without this, we will merely carry on swapping opinions and not knowledge.
Protection of Freedoms Bill
Lord Addington Excerpts(13 years ago)
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Lord Addington
My Lords, following the noble Lord, Lord Harris, is reassuring because I feel that we have had agreement breaking out all over the place. The noble Lord says that the word “protection” is bad in the Title of a Bill. In my opinion, the word “prevention” is equally bad. Both words have been open to abuse and hyperbole over the years.
However, I wish to talk about Part 5 on which we have limited agreement. As we have already heard, this being a late-night debate, two people who were mentioned are not in their places. We have heard that sporting bodies are a little concerned about the changes in CRB checks and assessments. To sum up, primarily, Clause 79 suggests that the centralised checking that has taken place, which sporting bodies quite like and have got used to, will not be done electronically any more. The RFU is very concerned about that.
As regards freedom and protection, people are using arguments against these incredibly important principles, such as, “This way we can do it and we will have something which is easy to use”. In addition, if you are dealing with a small amateur club environment, personal relationships are incredibly important. Indeed, small amateur clubs die frequently because they break down. If testing comes to you, it will be easier to implement. If you have to provide the testing yourself, for how long can you stall it? I do not know. How long have we stalled handing over anything? Things get lost in the post and do not arrive and that will make things difficult for those who have to take an opinion.
The Government do not need to be very worried about it because there have been hints in another place; my honourable friend Lynne Featherstone said that they are looking at it. Perhaps in response, my noble friend would explain that thinking to the House. This is a practical point relating to large amateur groups which deliver much that is good in our society. How will we deal with it? How can we ensure that protections are in place?
The second point in the same vein is provided in Clause 64, but I think that sporting bodies should consider Clauses 65 and 66 as well. They relate to children and vulnerable adults. In regard to those last two clauses, we must remember that vulnerable adults get involved in sports, and the inclusion of people with learning disabilities in the Olympic movement provides a clear guide to that. The noble Lord, Lord Harris, suggested that people in secondary coaching roles might not be checked.
I turn to my own sport, rugby. It is a technical sport that requires special movements. People will be placed in positions of control, trust and authority. If you are a forwards coach, and your head coach is someone who is predominantly a back, you will require people to engage in very technical activities, involving moving your body and other people’s bodies around a rugby pitch, accompanied by bumps, thumps and groans. Such coaches will be in a position of authority and power and sometimes the junior person is not checked but will be in charge of a session and will control most of it. Other sports, such a cricket, will have similar arrangements. However, I will not talk further about cricket as my noble friend Lady Heyhoe Flint is in her place. All sports have different technicalities. I suggest that such people in incredibly important and controlling positions should be removed. Maybe we should look at that again.
I do not think these matters should wreck the Bill, but sporting bodies would appreciate some changes to make them work better and to make them cheaper and less bureaucratic. I look forward to hearing from my noble friend how such matters can be put into the Bill. I do not think they are deal breakers, but they would help people who take on the kind of work which sums up the idea of a big society perfectly.
Disabled People: Disability Hate Crime
Lord Addington Excerpts(13 years, 5 months ago)
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Baroness Hollins
My Lords, my son was a victim of hate crime 10 years ago and with my advocacy and support he was able to give evidence in court and the people who mugged him received significant jail sentences. What steps are the Government taking to ensure that court staff are being adequately trained in disability matters so that people with disabilities subject to disability hate crime get a proper hearing and that people with learning difficulties are involved in that training?
Disabled People
Lord Addington Excerpts(13 years, 6 months ago)
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Lord Addington
My Lords, I thank the noble Lord, Lord Low, for introducing the debate and look forward to the maiden speech of my noble friend Lord Fellowes, who is two down the list from me.
This debate has taken on a tone to which all those on the government Benches must listen carefully. People are very worried at the moment. Probably the most inept thing we have heard is that the Equality Act is regarded as red tape. I do not know whether I would support it if I were told that it was red tape. Let us put it this way, I would have to be convinced that it was either that or killing the firstborn. A good few of my colleagues would be with me on that one. The Government must explain that more clearly. Most of what has been done all around this House for a long time has been working towards one solid body of law which allows us to defend the rights of minorities. I do not know who described it as red tape, but whoever it is should be made to come to explain to us why. It will lead to fear. Fear does not lead to rational debate.
The continuity of approach should be recognised. The previous Government worked hard to try to get the disabled into work. They tried initiatives; they pumped money in; but they had limited success. The implementation of that policy proved to be difficult. The interface between those we were trying to help and the government machine proved extremely difficult to manage. The noble Baroness, Lady Hollis, who is not taking part in this debate, demonstrated a continuity of approach at Question Time today on the matter of pensions. In this area there is a degree of continuity of thought. The previous Government said that they would train people to do undertake the interviews: the one-stop shop. That was a good idea. They said that people would get hours and hours more help. I said, “Will you train them sufficiently to know when they should back down and bring in an expert?”. “We’ll get more training”, they said. Unless we get people sufficiently trained, with authority to bring in the expert, when they are dealing with people with very individual, complicated needs, there will be mistakes. The real problem is making mistakes and missing the target. Unless we can address that in more depth, we will continue to make mistakes. Giving people unnecessary problems leads to costs further down the line. That is a well-known fact. If we do not pick it up here, we pick it up in the health service.
With that in mind, I turn to something which I can thank Ministers for addressing. Let us say that it was a Treasury Bench cock-up, which started under the previous Government, reached a peak under this Government and has been dealt with by them. The National Apprenticeship Service was convinced that dyslexics should not be able to take apprenticeships because they could not pass part of the communication test, which was a written test. Both current government parties raised that in opposition and got what we thought were assurances. I then discovered, through casework which I occasionally found myself doing, that people were being denied, which was in direct contradiction of the Equality Act and the Disability Discrimination Act before it. Somebody thought, perhaps, “We’re business. We’re different. We’re applying for business services”, and so the Act did not apply to them.
Dyslexics are allowed to take degrees, by the way. I must declare an interest here. I am chairman of a company that provides computer software and support to allow people to use voice-to-text and text-to-voice technology. That is fairly old technology, but it is improving. It is being polished. We have been doing that for years. They can do that, but people who work practically with their hands outside, where literacy problems should be less of a burden, were being excluded. The noble Lord, Lord Low, led the charge, not particularly on the part of dyslexics but on that of others in the field. He got there in front of me. I am getting used to the view of the back of the noble Lord’s head as he charges into these fields. We intervened. John Hayes, who is a Minister in a different department from the one that the noble Lord usually deals with, said to me in a meeting on Tuesday, “This is ridiculous. Let’s sort it out”. I cleared with him that I could say that today.
This matter cuts across all departments and we must get into it as a government-wide project. Unless we do, we will make problems worse. We must make sure we target access across government. We must make sure that Parliament is vigilant and that the legislation we pass is implemented. There is enough legislation now. After years of trying, we have done enough. We have to get into the system and say, “You are not an exception. The defence of reasonableness does not mean that you can say it is inconvenient for you to implement the legislation. You have to do it as a duty”.
Any change leads to fear. The Government have a duty to make sure that people have a degree of confidence that overall the change will be for the better. If we do not do that, no matter what we do, we will fail to achieve at the right level. That has probably been true for a long time for all government initiatives. We have to be prepared to explain what effort, time and indeed even money, even in these circumstances, are being expended to get the best out of these changes. If we do not do that, we will end up with more ridiculous situations like the one that I have just described, where people are worried about going through processes because they are unable to get from them the necessary rewards, and we will end up going nowhere.
All of us in this House and in another place have a duty to honour the undertakings that we have made. I hope that the noble Lord will be able to assure me that the red tape idea will not filter down and affect the basic laws that we have passed to protect the disabled.