16.1.1 Some PFI contracts may require checking of some employees e.g. where employees may have access to children or vulnerable adults. All parties will have a mutual interest in ensuring that any necessary checks are carried out.
16.1.2 There is no equivalent in Northern Ireland to the Criminal Records Bureau in England. Access to criminal records is by way of application to the Police Service of Northern Ireland Criminal Records Office ("CRO"). This service is not open to every employer but the CRO will consider applications for registration with them. Typically District/City Councils and Education & Library Boards (who deal with school employees) are the types of bodies who are registered and who can obtain information providing that the employee has consented. The applicant for information must certify that the individual being checked on has consented to the criminal records check being carried out. The criminal records are then checked and an enquiry made with police in the relevant locality.240
16.1.3 The Criminal Records Office can be contacted by telephone on 028 9065 0222 ext 22307.
16.1.4 The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 requires the Department of Health, Social Services and Public Safety ("the DHSSPS") to keep a list of individuals who are considered unsuitable to work with children. It is not clear precisely how and when this new system will be put in place.
16.1.5 This list may, subject to certain safeguards, include those who are currently on the Pre-Employment Consultancy Service ("PECS") Register, which is currently operated by the Child Care Unit of the DHSSPS. Access to the PECS Register is available to any statutory, voluntary, community or private sector organisation which has posts, paid or unpaid, which involve unavoidable substantial access to children or adults with learning disabilities. Apart from differences in interpretation about what constitutes "unavoidable substantial access" to children, access to the PECS Register is also conditional on certain other requirements being met and checks will only be carried out on a preferred applicant, not shortlisted applicants. It should be noted that the Department of Education has its own copy of the PECS Register for carrying out checks on staff working in schools.
16.1.6 The PECS check, depending on the type of check requested, may involve:
• A check of criminal records but will also include a check with local police who will provide information on individuals with no convictions, about whom they would have serious concerns if they were involved in work with children.
• check of the PECS Register which will include individuals whom an employer has reported.
• The Department of Health register for England.
• List 99 - a UK wide list drawn up by the Department of Education and Employment of people who are legally debarred form working in schools.
16.1.7 Where the level of access for particular positions requires it the consent of applicants to the necessary checks being carried out must be obtained as part of the recruitment process.
16.1.8 PECS may be contacted at
The Child Care Unit
Department of Health, Social Services and Public Safety
Room 508a Dundonald House
Upper Newtownards Road
Belfast
BT43SF
Tel: 028 90 52 26 44
16.1.9 The Authority and Contractor should consider which of them will undertake to make the application in respect of any relevant employees. For example, where a council is contracting for the supply of a leisure centre which will then be run by the Contractor or a Sub-Contractor there should be clarity about who will apply to have checks carried out on all staff who may form time to time have access to children. Where an Authority would have been able to carry out any necessary checks had it been the direct employer then it should be possible for the Contractor or Sub-Contractors to register with the CRO or PECS and have the checks carried out. However, in these circumstances the Authority should actively participate in the checking process and should not rely on the Contractor's contractual obligation.
Furthermore, where an Authority has a particular policy or set of Guidelines relevant to such issues, the Contractor should, where appropriate, be required to comply with such policies and/or guidelines.
16.1.10 Security vetting is a process distinct from PECS/CRO checks and may be required by an authority where access for contractors' employees raises issues of national security.
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240 This process is changing and is currently out to consultation.