HL Deb 27 March 2003 vol 646 cc1036-8

8.18 p.m.

Lord Falconer of Thoroton rose to move, That the draft order laid before the House on 25th February be approved [12th Report from the Joint Committee].

The noble and learned Lord said: My Lords. I beg to move. In my view, the measures contained in this statutory instrument are compatible with the rights protected by the European Convention on Human Rights.

It is important for those who offend to be able to reform, pick up their life again after paying the penalty and have a fresh start. As long as the Rehabilitation of Offenders Act 1974 has been in place, there has been a list of positions for which the offender, even if his or her conviction under the Act is spent, cannot escape his or her past. If asked an excepted question in respect of all past convictions by a person entitled to ask such a question, he or she must answer in respect of all past convictions, not merely those that are unspent.

The order contains several additional exceptions. The first relates to applicants for private hire vehicle drivers' licences in London. The amendment adds London's private hire drivers—minicabs and so on—who will become subject to licensing on 1st April 2003. The order will also cover those applying to be licensed by the new Security Industry Authority. The SIA will be responsible for licensing those employed in a number of private security industry sectors. Licensing will be introduced by sector beginning with door supervisors and wheel clampers at some time in 2004. Social workers and social care workers, including those in training, are to be registered by the General Social Care Council in England and the Care Council for Wales. This order will permit criminal records checks as part of the registration process which is due to commence on 1st April 2003.

The order also covers any employment or other work within a high security hospital; that is, Ashworth, Broadmoor and Rampton hospitals. The existing health service execption covers many, but not all, of those who work in the hospitals. This amendment is necessary to ensure that all staff can be made subject to the appropriate criminal records checks.

The final amendment concerns staff working in probation and bail hostels. All posts in those hostels involve contact with residents and thus it is proposed that the amendment should cover all staff. I commend the order to the House.

Moved, That the draft order laid before the House on 25th February be approved [12th Report from the Joint Committee]. —(Lord Falconer of Thoroton.)

Lord Luke

My Lords, this draft order covers several different areas. The general public will be happy to see questions being allowed with regard to spent convictions in certain cases. We support the order.

Lord Dholakia

My Lords, we welcome the measures, which are designed to add to the list of exceptions to the regime for the rehabilitation of offenders under the 1974 Act. The draft order has our support.

On Question, Motion agreed to.