8. Will the 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 will 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.
Safer Recruitment through Better Recruitment Guidance
Safer Pre and Post Employment Checks - NHS Scotland
Disclosure Scotland website
CRBS website
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.