HL Deb 18 July 2000 vol 615 cc978-80

2B.—(1) Subsection (2) applies where—

  1. (a) a relevant inquiry has been held;
  2. (b) the report of the person who held the inquiry names an individual who is or has been employed in a child care position; and
  3. (c) it appears to the Secretary of State from the report—
    1. (i) that the person who held the inquiry found that the individual was guilty of relevant misconduct; and
    2. (ii) that the individual is unsuitable to work with children.

(2) The Secretary of State—

  1. (a) may provisionally include the individual in the list kept under section 1 above; and
  2. (b) if he does so, shall determine in accordance with subsections (3) to (5) below whether the individual's inclusion in the list should be confirmed.

(3) The Secretary of State shall—

  1. (a) invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b) below; and
  2. (b) invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a) above.

(4) Where the Secretary of State has considered the report, any observations submitted to him and any other information which he considers relevant, he shall confirm that individual's inclusion in the list if subsection (5) applies; otherwise he shall remove him from the list.

(5) This subsection applies if the Secretary of State is of the opinion—

  1. (a) that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and
  2. (b) that the individual is unsuitable to work with children.

(6) In this section— relevant employer" means the person who, at the time referred to in the definition of "relevant misconduct" below, employed the individual in a care position; relevant misconduct" means misconduct which harmed a child or placed at risk of harm a and was committed (whether or not in the course of his employment) at a time when the individual was employed in a care position.

(7) In this section "relevant inquiry" means any of the following—

  1. (a) an inquiry held under—
    1. (i) section 9 of the Care standards Act 2000;
    2. (ii) section 35 of the Government of Wales Act 1998;
    3. (iii) section 81 of the Children Act 1989;
    4. (iv) section 84 of the National Health Service Act 1977;
    5. (v) section 7C of the Local Authority Social Services Act 1970;
  2. (b) an inquiry to which the Tribunals of Inquiry (Evidence) Act 1921 applies;
  3. (c) any other inquiry or hearing designated for the purposes of this section by an order made by the Secretary of State.

(8) An order under subsection (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) Before making an order under subsection (7) above the Secretary of State shall consult the National Assembly for Wales."

(2) In section 1(2) of that Act (duty of Secretary of State to keep list), before the "or" preceding paragraph (b) there shall be inserted—

"(aa) he has been included in the list under section 2B below;".").

164 Clause 81, page 52, line 1, leave out ("3") and insert ("2B")

165 Page 52, line 1, after ("Act") insert ("(inserted by section (Inclusion in 1999 Act list on reference by certain authorities))")

166 Page 52, leave out lines 2 to 12 and insert—

("2C.—(1) Section 71(4) to (7) of the Care Standards Act 2000 (persons who provide care for vulnerable adults: duty to refer) shall, in the case of any reference under subsection (1) of that section or section (Power of registration authority to refer) of that Act, apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the reference in subsection (7)(b) to vulnerable adults were a reference to children.

(2) Section 72(4)10 (7) of that Act (employment agencies and businesses: duty to refer) shall, in the case of any reference under subsection (1) of that section, apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the reference in subsection (7)(b) to vulnerable adults were references to children.

(2A) Section (Individuals named in the findings of certain inquiries) of the Care Standards Act 2000 shall apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the references in subsections (1)(c)(ii) and (5)(b) to vulnerable adults were references to children.")

167 Page 52, leave out lines 14 to 17 and insert ("this section provisionally include an individual in the list kept under section 1 above, or confirm his inclusion in the that list, unless he provisionally includes him in the list kept under section 70 of the Care Standards Act 2000 or, as the case requires, confirms his inclusion in that list.")

168 Page 52, line 18, leave out ("subsection (2) above") and insert ("this section")

169 Page 52, line 24, leave out ("section 71 or 72") and insert ("Part VI")

170 After Clause 81, insert the following new clause—