L

Lord Keen of Elie (Con)

Speaking in the House of Lords on 14 January 2026

Debate

Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2025

Contribution

My Lords, I am grateful to the Minister for his clear exposition of this matter. From these Benches, we are supportive of the order before us. The Rehabilitation of Offenders Act has, for more than 50 years, played an important role in supporting rehabilitation and enabling people who have offended to move on with their lives. That principle commands strong support, but it has always been recognised that rehabilitation cannot be an absolute and that there are particular roles, especially those involving children, vulnerable adults or positions of trust, where fuller disclosure is both reasonable and necessary to protect the public. This order is modest in scope and targeted in nature. It does not represent a wholesale expansion of disclosure but rather responds to specific and well-evidenced gaps in the current framework. In particular, extending eligibility for enhanced DBS checks to self-employed individuals and those employed directly by families who work with children is a sensible and overdue step. The Independent Inquiry into Child Sexual Abuse commissioned under a Conservative Government made it clear that safeguarding should not depend on the technicality of whether someone is employed through an organisation or directly by a parent. Families deserve the same level of assurance in either case. Similarly, we recognise the logic of bringing electronic monitoring contractor roles within the exception order. These are sensitive positions with real risks of corruption and serious consequences if safeguards fail. Ensuring that employers can properly assess suitability is essential for maintaining confidence in the criminal justice system. The inclusion of registered healthcare professionals carrying out DWP assessments is also proportionate. These individuals occupy positions of trust and have access to sensitive personal data. It is reasonable that the department is able to take a full view of suitability when making appointments to such roles. Finally, aligning the DBS regime for pedicab drivers in London with that already in place for taxis and private hire vehicles is both logical and, indeed, necessary. Regulation without proper disclosure would expose Transport for London to unnecessary operational and reputational risk and would be out of step with public expectations. However, as my honourable friend Kieran Mullan noted in the other place, support for these changes comes with a note of caution. The system for obtaining enhanced DBS checks is already under strain, with delays in some police force areas. As eligibility is expanded, it is incumbent on the Government to ensure that the system can cope and that safeguarding improvements are not undermined by avoidable backlogs. Taken together, these measures strike the right balance between rehabilitation and public protection. They are proportionate, targeted and consistent with existing safeguarding frameworks.

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