Draft Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022

Lord Mackinlay of Richborough Excerpts

Wednesday 26th October 2022 General Committees

[Craig Mackinlay (South Thanet) (Con)]

It is always a pleasure to serve under your chairmanship, Mr Sharma. A couple of issues come to mind. Following on a little from the hon. Member for Hackney South and Shoreditch, there must have been a mischief that it was felt needed to be closed. I would think a precautionary principle is in play, and the Government have come to this conclusion—I think for the right reasons because it is the right thing to do—but there must have been worries about not the looseness, but the lack of checks in the system that have caused this SI to be laid.

Local authorities are the bodies responsible for asking for enhanced DBS checks. Will there be guidance from the Department for Levelling Up, Housing and Communities, the Home Office or the Ministry of Justice about what level of previous criminality would be deemed to be a definite no? A drink-driving offence from 20 years ago or a shoplifting offence from 15 years ago would not cause the same concern as the offences that we are trying to highlight, where it would be obvious that people might be a risk to youngsters and families coming from Ukraine. Is there any guidance for local authorities about what is deemed to be an accepted—if there is such a thing—previous offence, or is it down to local authorities to manage on a one-by-one basis?

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[Rachel Maclean]

That is a perfectly valid question, but I fear that the scope of this debate is very narrow and is about the exceptions in the Rehabilitation of Offenders Act. I was not the Minister responsible for the policy decisions. The right answer for colleagues who have raised valid points about the future of the scheme is probably to seek a Backbench Business debate—perhaps a Westminster Hall debate—so that the relevant Minister can come along and answer all those questions. It is not possible for me to answer them now, but I am happy to feed them back to my colleagues or to answer any correspondence on them.

The hon. Member for Lewisham West and Penge mentioned the fact that the scheme was initially going to run for a shorter period and that people are now coming to the end of that period, and asked what plans we have made for that. Again, it would be wrong for me to try to answer those questions as I am not the Minister with responsibility for those issues.

I very much hope that colleagues are reassured that the draft SI is an important part of the Government’s safeguarding responsibility, and I commend it to the Committee.

[Craig Mackinlay]

Could the Minister address some of the points that I raised?

[Rachel Maclean]

I am very happy to do so in writing, unless my hon. Friend would like to reiterate those points to the Committee.

[Craig Mackinlay]

I would be delighted to. Local authorities are in the driving seat when it comes to asking for the tests, but will any guidance come from the centre—be it from DLUHC, the Ministry of Justice or the Home Office—about what kind of former offence would be acceptable and pass muster, as it were, or is it up to the local authorities to make those decisions for themselves? I gave the example of a drink-driving offence from 20 years ago.

[Rachel Maclean]

I thank my hon. Friend for that aide-mémoire—it is very kind of him. We can certainly write with further detail, but I can assure him that we are talking here about a specific feature of the Rehabilitation of Offenders Act, which allows for exceptions to be made, and that decisions would be not be made case by case by local authorities—there is wider guidance on the whole scheme, the safeguarding measures and the suitability of families to be hosts.

We are talking here about making a change to the Act to provide that where a more sensitive role or activity is listed in the order—such as being a host for a vulnerable person fleeing war—greater disclosure of information that would otherwise be considered as spent is required. The rules that apply to determine what information is included—known as filtering—are quite detailed, and they include serious offences, such as serious sexual offences and others of that nature. I assure my hon. Friend that the regime is detailed, well established and in the interest of public protection. I hope that that answers his question, but he can feel free to probe further if not.

Question put and agreed to.