How does the review of the Vetting and Barring Scheme (VBS) covering England, Wales and Northern Ireland impact on the PVG Scheme?
If the VBS Scheme is under review, does this not leave a gap in protection for vulnerable groups?
Will the PVG Scheme check foreign workers who wish to work with children or protected adults?
How does the review of the Vetting and Barring Scheme (VBS) covering England, Wales and Northern Ireland impact on the PVG Scheme?
The Scottish Government is proceeding as planned to implement the PVG Scheme which has been the subject of extensive consultation and engagement with people who work with children and protected adults in Scotland. Their continued interest and views have helped the Scottish Government to shape a system that strikes the balance between robust regulation and proportionate protection, without compromising on the need to minimise bureaucracy. The PVG Scheme only applies to people who work with vulnerable groups and it does not apply to personal arrangements that people make with friends or family, or to work positions where there is no opportunity to cause harm to vulnerable groups.
We very much welcome the review of the Vetting and Barring Scheme, which provides an opportunity to bring the two schemes closer in scope and proportionality.
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If the VBS Scheme is under review does this not leave a gap in protection for vulnerable groups?
The two pieces of legislation, the Protection of Vulnerable Groups (Scotland) Act 2007 and the Safeguarding Vulnerable Groups Act 2006, are entirely separate and can be implemented independently of one another. It is important to recognise that there are already lists of barred people in England, Wales and Northern Ireland and regardless of any delays or changes to the implementation of the VBS Scheme, none of these people will be able to work in Scotland.
The policy aim of all jurisdictions involved is to create schemes that interact smoothly and effectively with one another, making them easy to use for employees and employers, while preventing any loopholes that could be exploited by those who would seek to harm vulnerable groups.
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Will the PVG Scheme check foreign workers who wish to work with children or protected adults?
The PVG Act is Scottish legislation developed within a UK wide context. Part 5 of the Police Act 1997 is UK legislation that had been amended by both the UK and the Scottish Parliaments to create a distinct Scottish version within which the disclosure system operates. Neither the Scottish nor UK Parliaments have the legislative powers to require foreign police forces to provide information to the scheme. Foreign workers will be checked to discover whether they are known to UK information sources and membership of the scheme will ensure that any new information about them is picked up and dealt with quickly.
Employers remain responsible for safe recruitment practice, including checking identity, references, background and verifying documentation prior to appointment. Good recruitment practice guidance is available from various sources. These include the following.
Safer Recruitment through Better Recruitment Guidance
Safer Pre and Post Employment Checks - NHS Scotland
Disclosure Scotland website
CRBS website
Safer Recruitment for Safer Services - A report in the quality of recruitment practices in registered care services - Care Commission, November 2008
The Scottish Government is working with the UK Government to improve the exchange of conviction information with other European countries and non EU countries that provide significant numbers of overseas workers to the UK. However, many countries have different justice systems and policies on retaining conviction information and there are significant challenges in translating and interpreting any information that could be provided. This work is therefore complex and will take some time to bring to fruition.
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