House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

177

House of Commons

Tuesday 10 May 2011

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Protection of Freedoms Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [22 March].

James Brokenshire

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Lynne Featherstone

132

Clause  64,  page  46,  line  33,  leave out ‘falling within’ and insert ‘which is a

regulated activity relating to vulnerable adults by virtue of’.

Lynne Featherstone

133

Clause  65,  page  47,  line  5,  leave out ‘or community care services’.

Lynne Featherstone

134

Clause  65,  page  47,  leave out lines 10 to 13.

Public Bill Committee: 10 May 2011
178

Protection of Freedoms Bill, continued

Lynne Featherstone

135

Clause  65,  page  47,  leave out lines 16 to 21.

Lynne Featherstone

136

Clause  65,  page  47,  line  38,  at end insert—

‘(3ZA)
Any reference in this Part of this Schedule to health care provided by, or under

the direction or supervision of, a health care professional includes a reference

to first aid provided to an adult by any person acting on behalf of an

organisation established for the purpose of providing first aid.’.

Lynne Featherstone

137

Clause  65,  page  47,  line  50,  leave out ‘or’.

Lynne Featherstone

138

Clause  65,  page  48,  line  6,  at end insert ‘, or

(c)
any form of training, instruction, advice or guidance which—

(i)
relates to the performance of any of the activities listed in

paragraph (a),

(ii)
is given to a person who is in need of it by reason of age,

illness or disability, and

(iii)
does not fall within paragraph (b)’.

Lynne Featherstone

139

Clause  65,  page  48,  leave out lines 10 and 11.

Lynne Featherstone

140

Clause  65,  page  48,  line  13,  leave out from ‘to’ to end of line 15 and insert ‘the

running of the household of the person concerned where the assistance is the carrying out

of one or more of the following activities on behalf of that person—

(a)
managing the person’s cash,

(b)
paying the person’s bills,

(c)
shopping.’.

Lynne Featherstone

141

Clause  65,  page  48,  line  31,  leave out second ‘or’.

Lynne Featherstone

142

Clause  65,  page  48,  line  35,  at end insert ‘, or

(f)
the appointment of a representative to receive payments on behalf of

the person in pursuance of regulations made under the Social Security

Administration Act 1992’.

Public Bill Committee: 10 May 2011
179

Protection of Freedoms Bill, continued

Diana Johnson

Vernon Coaker

Mark Tami

Clive Efford

166

Clause  70,  page  53,  line  28,  at end insert—

‘(4)
The sponsor of any individual engaged in regulated activity as listed in the

Safeguarding Vulnerable Groups Act 2006 will be informed as to whether that

individual is on a barred list held by the Independent Safeguarding Authority.’.

Lynne Featherstone

143

Clause  71,  page  56,  line  5,  leave out ‘After paragraph 3(1)’ and insert ‘Omit

paragraph 3(1)(b)’.

Lynne Featherstone

144

Clause  71,  page  56,  line  7,  leave out from beginning to end of line 11 and insert

‘and the word “or” before it.’

Lynne Featherstone

145

Clause  74,  page  59,  line  16,  leave out from ‘appropriate’ to end of line 17.

Lynne Featherstone

146

Clause  74,  page  60,  line  15,  leave out ‘the’ and insert ‘a’.

Lynne Featherstone

147

Clause  75,  page  62,  line  34,  before ‘of’ insert ‘or’.

Lynne Featherstone

148

Clause  76,  page  63,  line  19,  after ‘officer’, insert ‘,

(d)
any prescribed purpose’.

Public Bill Committee: 10 May 2011
180

Protection of Freedoms Bill, continued

Lynne Featherstone

149

Clause  76,  page  63,  line  19,  at end insert—

‘(4)
After section 50A(1) of that Act insert—

“(1A)
ISA must, for use for any of the purposes mentioned in subsection (1),

provide to any chief officer of police who has requested it information as

to whether a person is barred.

(1B)
ISA may, for use for the purposes of the protection of children or

vulnerable adults, provide to a relevant authority any information which

ISA reasonably believes to be relevant to that authority.

(1C)
ISA must, for use for the purposes of the protection of children or

vulnerable adults, provide to any relevant authority who has requested it

information as to whether a person is barred.”

(5)
After section 50A(3) of that Act insert—

“(4)
In this section “relevant authority” means—

(a)
the Secretary of State exercising functions in relation to prisons,

or

(b)
a provider of probation services (within the meaning given by

section 3(6) of the Offender Management Act 2007).”’.

Lynne Featherstone

187

Clause  77,  page  63,  line  24,  at beginning insert—

‘(1)
Omit section 93 of the Policing and Crime Act 2009 (which, if commenced,

would insert section 112(2A) into the Police Act 1997 requiring copies of certain

criminal conviction certificates to be given to employers etc.).

(2)
’.

Diana Johnson

211

Clause  77,  page  63,  line  24,  at beginning insert ‘(1)’.

Diana Johnson

208

Clause  77,  page  63,  line  25,  leave out paragraph (a).

Diana Johnson

209

Clause  77,  page  63,  line  27,  leave out ‘(b)’ and insert ‘(a)’.

Diana Johnson

210

Clause  77,  page  63,  leave out lines 27 to 29.

Public Bill Committee: 10 May 2011
181

Protection of Freedoms Bill, continued

Diana Johnson

212

Clause  77,  page  63,  line  29,  at end add—

‘(2)
Amend—

  section 113(A)(2)(b) of the Police Act insert “and whether this exempted

question relates to work with children or the care of vulnerable adults or

both.”.’.

Lynne Featherstone

188

Clause  79,  page  64,  line  22,  leave out ‘117(2)’ and insert ‘117(1)’.

Lynne Featherstone

189

Clause  79,  page  64,  leave out lines 23 to 31 and insert—

‘“(1A)
Where any person other than the applicant believes that the information contained

in a certificate under any of sections 112 to 116 is inaccurate, that person may

make an application to the Secretary of State for a decision as to whether or not

the information is inaccurate.”

(5)
After section 117 of that Act insert—

“117A
  Other disputes about section 113B(4) information

(1)
Subsection (2) applies if a person believes that information provided in

accordance with section 113B(4) and included in a certificate under

section 113B or 116 —

(a)
is not relevant for the purpose described in the statement under

section 113B(2) or (as the case may be) 116(2), or

(b)
ought not to be included in the certificate.

(2)
The person may apply to the independent monitor appointed under

section 119B for a decision as to whether the information is information

which falls within subsection (1)(a) or (b) above.

(3)
The independent monitor, on receiving such an application, must ask

such chief officer of a police force as the independent monitor considers

appropriate to review whether the information concerned is information

which—

(a)
the chief officer reasonably believes to be relevant for the

purpose described in the statement under section 113B(2) or (as

the case may be) 116(2), and

(b)
in the chief officer’s opinion, ought to be included in the

certificate.

(4)
In exercising functions under subsection (3), the chief officer concerned

must have regard to any guidance for the time being published under

section 113B(4A).

(5)
If, following a review under subsection (3), the independent monitor

considers that any of the information concerned is information which

falls within subsection (1)(a) or (b)—

(a)
the independent monitor must inform the Secretary of State of

that fact, and

Public Bill Committee: 10 May 2011
182

Protection of Freedoms Bill, continued

(b)
on being so informed, the Secretary of State must issue a new

certificate.

(6)
In issuing such a certificate, the Secretary of State must proceed as if the

information which falls within subsection (1)(a) or (b) had not been

provided under section 113B(4).

(7)
In deciding for the purposes of this section whether information is

information which falls within subsection (1)(a) or (b), the independent

monitor must have regard to any guidance for the time being published

under section 113B(4A).

(8)
Subsections (10) and (11) of section 113B apply for the purposes of this

section as they apply for the purposes of that section.”’.

Diana Johnson

207

Clause  79,  page  64,  line  31,  at end insert—

‘(5)
In subsection (3) of section 113B of the Police Act 1997 (an enhanced criminal

record certificate is a certificate which), after (b), insert—

“(c)
states whether the applicant is on a barred list maintained by the ISA in

relation to work with vulnerable adults or children (whichever is

appropriate).”.’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

183

Clause  80,  page  65,  line  6,  at end insert—

‘(c)
the information to be supplied in connection with such a request for the

purpose of enabling the Secretary of State to ascertain whether the

disclosure requested is to enable the individual to work with children or

vulnerable adults or both.’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

184

Clause  80,  page  65,  line  12,  after ‘arrangements’, insert ‘and stated whether the

application was required for the purpose of working with children or vulnerable adults or

both.’.

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

185

Clause  80,  page  65,  line  16,  after ‘and’, insert ‘stated whether the certificate is to

cover work with vulnerable adults or children or both, and’.

Public Bill Committee: 10 May 2011
183

Protection of Freedoms Bill, continued

Diana Johnson

Vernon Coaker

Clive Efford

Mark Tami

186

Clause  80,  page  66,  line  13,  at end insert—

‘(d)
a certificate is not up-to-date in regards of working with children or

vulnerable adults unless the original application stated that it was

required for the purpose of working with children or vulnerable adults or

both’.

Diana Johnson

204

Clause  84,  page  68,  leave out lines 8 and 9.

Diana Johnson

205

Clause  84,  page  68,  line  16,  at end insert—

‘(c)
give reasons for the decision, and

(d)
on receipt of new information, review the decision and inform the

applicant of the outcome of the review.’.

Diana Johnson

206

Clause  89,  page  71,  line  20,  at end insert—

‘(7)
An applicant may appeal to the Home Office in order to remedy minor or

administrative errors in their application under section 82 without the need to

appeal to the High Court.’.

Lynne Featherstone

213

Clause  92,  page  74,  leave out lines 32 to 37.

Lynne Featherstone

214

Clause  92,  page  74,  line  44,  leave out ‘a’ and insert ‘the’.

Lynne Featherstone

215

Clause  92,  page  74,  leave out lines 45 and 46.



© Parliamentary copyright	Revised 10 May 2011