Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020

Lord McCrea of Magherafelt and Cookstown Excerpts

Thursday 10th September 2020 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP) [V]]

My Lords, I thank the Minister for his remarks introducing these orders. I accept that they are for England and Wales; however, I will make a few remarks.

I am absolutely certain that the draft orders before us are necessary in light of the Supreme Court decision, which held that the disclosure of multiple offences and the disclosure of youth cautions, warnings and reprimands were incompatible with Article 8 of the European Convention on Human Rights. These orders therefore bring legislation into line with that ruling.

These draft orders are understandably sensitive, and it is vital that we continue to strike the right balance between rehabilitation of offenders and protecting the community. Coming from Northern Ireland, where many young people have had their lives ruined by involvement in paramilitary organisations, I recognise the need to ensure that young people who have been engaged in minor criminality have the opportunity to reintegrate into society after serving their punishment and demonstrating commitment to right the wrongs of their crimes.

I am also absolutely certain that lives can be turned around and that every opportunity should be taken to assist those who in the past were involved in criminality yet now want to lead lives that are meaningful and profitable to society. In my years of public life, I have witnessed that failure does not always have to be final.

However, I firmly believe that automatic disclosures must continue without exception for convictions that are relevant to prevent unsuitable persons working with vulnerable groups, including children, the elderly and those with disabilities. This includes violent and sexual offences. I believe maximum caution should be applied when protecting the interests of the most vulnerable.

There are also questions to be posed about the practical impact of these changes between the structures used to do background checks on job applications in different parts of the United Kingdom. Employers should be regularly kept abreast of what these changes mean for them and how they affect their rights as recruiters. It is vital that no one falls between the cracks. It would be helpful to have a statutory review period to assess the ongoing impact of these changes on employers, offenders and those who have suffered from criminal activity.