HL Deb 18 July 2000 vol 615 cc975-7

(" .—(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 care position; and
    3. 976
  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 vulnerable adults.

(2) The Secretary of State—

  1. (a) may provisionally include the individual in the list kept under section 70; and
  2. (b) if he does so, shall determine in accordance with subsections (3) to (5) 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); 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).

(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 vulnerable adults.

(6) In this section— relevant employer" means the person who, at the time mentioned in the definition of "relevant misconduct" below, employed the individual in a care position; relevant misconduct" means misconduct which harmed or placed at risk of harm a vulnerable adult 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;
    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) Before making an order under subsection (7) the Secretary of State shall consult the Assembly.")

154 Clause 74, page 48, line 40, leave out first ("section")

155 Clause 76, page 49, line 31, at end insert— ("( ) Where a person who provides care to vulnerable adults discovers that an individual employed by him in a care position is included in that list, he shall cease to employ him in a care position. For the purposes of this subsection an individual is not employed in a care position if he has been suspended or provisionally transferred to a position which is not a care position.")

156 Page 49, line 45, at end inser—

("(4) An individual who is included (otherwise than provisionally) in the list kept by the Secretary of State under section 70 shall be guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a care position.

(5) It shall be a defence for an individual charged with an offence under subsection (4) to prove that he did not know, and could not reasonably be expected to know, that he was so included in that list.

(6) An individual who is guilty of an offence under this section shall be liable—

  1. (a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
  2. (b) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.")

157 Page 50, line 40, leave out from beginning to ("apply") in line 43 and insert ("Section 2(4) to (7) of the 1999 Act (referrals for inclusion in list of individuals who are considered unsuitable to work with children) shall, in the case of any reference under section 2, 2A or 2D of that Act,")

158 Page 50, line 46, at end insert— ("(2A) Section 2B of the 1999 Act shall apply in relation to the list kept under section 70 as it applies in relation to the list kept under section 1 of that Act, but as if the references in subsections (1)(c)(ii) and (5)(b) to children were references to vulnerable adults.")

159 Page 51, line 1, leave out from ("(2)") to end of line 4 and insert ("or (2A) provisionally include an individual in the list kept under section 70, or confirm his inclusion in the that list, unless he provisionally includes him in the list kept under section 1 of the 1999 Act or, as the case requires, confirms his inclusion in that list.")

160 Page 51, line 5, after ("(2)") insert ("or (2A)")

161 After Clause 79, insert the following new clause—