HL Deb 07 November 2002 vol 640 cc162-3WA
Baroness Anelay

of St Johns asked Her Majesty's Government:

Whether they intend to amend the Criminal Justice and Court Services Act 2000 in order to make it an offence for anyone who is disqualified from working with children to work in any residential centre established under, or otherwise provided for in, Immigration Acts (as defined in the Nationality, Immigration and Asylum Bill). [HL6282]

Lord Falconer of Thoroton:

It is not our intention to amend the Criminal Justice and Court Services Act 2000 in the way outlined in the question. A similar proposal to add accommodation centres to the short list of institutions specifically referred to in Section 36(2) of the Act was extensively discussed at Committee and Report stage of the Nationality, Immigration and Asylum Bill and defeated in a vote.

The Government share the concern to protect children, but, as we made clear in the debate, we do not believe such a measure would increase the protection already offered by the legislation.

Section 35(1) of the CJCSA 2000 states that, "An individual who is disqualified from working with children is guilty of an offence if he knowingly applies for, or offers to do, accepts or does any work in a regulated position". It goes on to say that an individual who knowingly offers work in a regulated position to a person disqualified from working with children is also guilty of an offence.

It is important to note that those who work (paid or unpaid) in any of the establishments established under, or provided for in, Immigration Acts, whose normal duties include caring for, training, supervising or being in sole charge of children are already covered by the CJCSA provisions as they currently stand.

We fully intend to ensure that all appropriate measures are taken to protect children housed with their families in institutions provided for under Immigration Acts.