Contribution
My Lords, as many noble Lords will be aware, I am passionate about the rehabilitation of offenders. I have seen at first hand how transformative employment can be for those seeking to rebuild their lives after offending.
The Rehabilitation of Offenders Act 1974, which I will refer to as the ROA, governs the disclosure of cautions and convictions for most employment purposes. Its purpose is simple but vital: to ensure that, once a conviction is spent, individuals are not defined for ever by their past. For most people, once a conviction or caution becomes spent, it does not need to be disclosed when applying for work. This supports rehabilitation, helps to reduce reoffending and allows people to move on with their lives. However, this must always be balanced against the need to protect the public. That is why the ROA is accompanied by the exceptions order 1975, which sets out specific roles and activities where fuller disclosure is required. This is typically work involving vulnerable people, such as children, or a high degree of public trust. This instrument amends the exceptions order in a targeted and proportionate way.
Before I turn to the detail, I want to make something clear: even when an employer is aware of a spent conviction or caution, that should not amount to an automatic bar to employment. The Government encourage employers to take a balanced and thoughtful approach, considering factors such as the age of the individual at the time of the offence, how long ago it occurred, its relevance to the role and what safeguards can be put in place. In my own business experience, I have employed many people with criminal records. Time and again, they have proved to be among the most loyal, committed and capable colleagues. That experience has shaped my belief that disclosure rules must be fair and proportionate. They must give employers the information that they need to manage risk responsibly while still giving people the chance to rebuild their lives. We know that finding employment after release can reduce reoffending by up to nine percentage points, which is why we are strengthening links between prisons, probation and employers through employment advisory boards and the new regional employment councils.
In developing these proposals, officials have looked at evidence around gaps in the current framework and have considered the findings of the Independent Inquiry into Child Sexual Abuse. This instrument addresses those gaps and does so carefully. The instrument makes four amendments to the exceptions order. First, it extends access to enhanced DBS checks to self-employed individuals or personal employees working closely with children and vulnerable adults. Secondly, it brings within scope staff employed by the MoJ’s contracted provider of electronic monitoring and field services. Thirdly, it includes registered healthcare professionals employed or engaged by the Secretary of State for Work and Pensions or by their contractors and subcontractors. Finally, it enables appropriate disclosure checks for pedicab drivers in London, bringing them into line with taxi and private hire vehicle licensing following the Pedicabs (London) Act 2024. In each case, the amendment allows spent convictions to be considered as part of an informed and proportionate decision-making process, when assessing suitability for the role or licence in question. Relevant departments have committed to producing or updating guidance to support fair and consistent decision-making.
There is a compelling case for these changes. The first amendment closes a clear safeguarding gap. Families increasingly hire tutors, carers and therapists directly, often in unsupervised settings, yet without this change those individuals can only be asked for a basic criminal record check. Extending access to enhanced checks, including barred lists where appropriate, gives families the same reassurance that they would have if services were provided through an organisation such as a school. It also delivers on a key recommendation of the Alexis Jay inquiry.
The second amendment relates to electronic monitoring staff. These individuals play a crucial role in maintaining the integrity of court orders and release conditions. They have access to sensitive systems and exercise significant discretion. By enabling standard rather than basic disclosure checks, providers can better identify and manage risks and protect public confidence in the justice system.
Thirdly, the amendment covering registered healthcare professionals working for the DWP or its contractors reflects the vulnerability of the people they support. Around 2 million health assessments are carried out each year for individuals with long-term conditions or disabilities. Enabling fuller disclosure ensures that suitability for these roles can be properly assessed and appropriate safeguards maintained.
Finally, on pedicabs in London, following years of operating without regulation, TfL is now introducing a licensing regime. For that regime to command public confidence, pedicab drivers must be subject to the same safeguarding standards as taxi and private hire drivers. Without this amendment, TfL would be limited to basic checks, which is simply not sufficient, given the nature of the work.
This instrument strikes a careful and necessary balance. It strengthens safeguarding where it is needed, closes identified gaps and maintains the central principle of the ROA. The people who have moved on from their offending deserve the chance to rebuild their lives. I beg to move.