Keir Mather MP: speeches

Speeches

• 26 Feb 2025 · Draft Safeguarding Vulnerable Groups Act 2006 (Amendment) (Provision of Information) Order 2025 · Hansard source

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  I beg to move, That the Committee has considered the draft Safeguarding Vulnerable Groups Act 2006 (Amendment) (Provision of Information) Order 2025. It is a pleasure to serve under your chairmanship, Dr Murrison. The order amends the Safeguarding Vulnerable Groups Act 2006 to give the Disclosure and Barring Service an express power to share its barred list information with UK non-territorial police forces and the Crown dependency police forces of Guernsey, Jersey and the Isle of Man. As well as issuing criminal record certificates, commonly known as DBS checks, the DBS also maintains two lists: one of people whom the DBS has barred from working in “regulated activity” with children; and one of those whom it has barred from working in “regulated activity” with adults. “Regulated activity” includes sensitive roles, such as work in schools and health and social care. The DBS bars people from such work if their criminal history, other information held by the police or their behaviour in the workplace indicates that they pose a high risk to either or both of these groups. The DBS updates the police national database—the PND—on a weekly basis with the names of individuals who have been barred. If the police then look up a named individual on the PND, for example, for the purposes of a criminal investigation or police officer vetting, the police will be able to see whether that person is on one or the other of the DBS’s barred lists. An express power to share such information with the police is provided to the DBS by section 50A of the Safeguarding Vulnerable Groups Act 2006. This gives the DBS the power to provide any information it has to a chief officer of police for purposes specified in the Act, and it confirms that a chief officer of police includes Police Service Northern Ireland and Police Scotland. It does not make express reference to the non-territorial police forces and Crown dependency police forces. Following an extensive review, which included arrangements for accessing the PND, the DBS decided, on a precautionary basis, that there should be an express statutory ground for sharing its barred list data with these forces. It therefore took steps in March 2024 to prevent them accessing the barred status of individuals, pending resolution of the legislative position. This means that the non-territorial forces and the Crown dependency police forces cannot currently access an individual’s barred list status. We therefore intend, through this order, to make it clear that the definition of “chief officer of police” in section 50A also includes chief officers of the UK non-territorial and Crown dependency police forces. The non-territorial forces are the British Transport Police, the Civil Nuclear Constabulary, the Ministry of Defence Police, the Royal Navy Police, the Royal Air Force Police, the Royal Military Police, the National Crime Agency and the tri-service serious crime unit. The Crown dependency forces are the States of Jersey Police force, the salaried police force of the island of Guernsey and the Isle of Man Constabulary. This will give the DBS the certainty it seeks to provide all forces with access to information that indicates someone is considered to pose a risk to children or vulnerable adults. To conclude, through the barring of individuals who are deemed to pose a risk to children or vulnerable adults, the disclosure and barring regime protects the most vulnerable in our society. The information on an individual’s barred list status is important to decisions made by police forces, whether related to police officer vetting or the prevention and investigation of crime, so that they can carry out their functions effectively and keep the public safe. This order will confirm beyond any doubt that the DBS has the express statutory power to share this information with UK non-territorial and Crown dependency police forces, putting them on the same legal footing as territorial forces. I commend the order to the Committee.