Michael White, Scottish regional officer of the Professional Association of Teachers, said he plans to write to the Executive to seek further amendments to the Protection of Children (Scotland) Bill. 'There is a loophole there. While nannies hired through agencies are regulated, those taken on privately are not,' he said.
A spokesman for the Scottish Executive confirmed that parents will not be able to check whether a nanny is on the list of persons deemed unsuitable to work with children 'unless they take them on through an agency'.
He said that information from the list can only be disclosed through a 'higher level check' through Disclosure Scotland - part of the Scottish Criminal Record Office - and only if an application for disclosure is countersigned by a registered body. 'A parent can't be a registered body, but the nanny agency can be,' he added.
Michael White said, 'We will be writing to the Executive to bring this loophole to their attention and demand that it is closed. There must be a system of checking nannies whether through an agency or privately.
Potential recruiters want peace of mind and that's the only way they'll get it.'
Margaret Davidson, who runs Iona's Childcare nanny agency in Edinburgh and sits on the Care Standards Committee, said that the transient nature of nannying, with many changing jobs frequently, and the demands of parents wanting 'constant reassurance' meant that the system of checking 'could face overload'.
Education minister Cathy Jamieson told the Education, Culture and Sport Committee that the Bill, presented to the Scottish Parliament in September, is being amended to prevent potential child abusers targeting non-regulated organisations.
In the original draft of the Bill, only regulated organisations such as schools and nurseries would have had a duty to make referrals to the list of unsuitable persons - others would have only been 'strongly encouraged to do so'.
A proposed Executive amendment will now make it a criminal offence for both regulated and non-regulated organisations, including youth and sports clubs, to fail to refer an unsuitable person to the list.
Mary Wales, services and resources manager of the Scottish Pre-School Playgroups Association, warned that unregulated voluntary under-threes parent and toddler groups - many of them SPPA members - would face severe difficulties.
She said, 'Groups which might want to recruit an employee or volunteer to help just won't in the future. Voluntary groups are already under a lot pressure with all the new legislation that is coming in. Our underlying concern is that this could mean the end for voluntary groups.'
In her speech to the parliamentary committee Cathy Jamieson said, 'We have carefully considered the concerns expressed by the committee and the voluntary sector themselves that potential abusers might target non-regulated organisations, as there may seem to be a lower risk of referral.
'I am therefore proposing that the duty to refer to the new list is extended to all organisations employing people who work with children, regardless of whether that work is paid or unpaid. The Bill is designed to be both a safeguard and a deterrent. This amendment makes it more robust and ensures greater protection for our children.'
She said support, advice and training would be offered to ensure that compliance with the legislation did not impose 'an unreasonable burden' on small voluntary groups.
A spokesman for the Scottish Executive said that under the existing timetable for the passage of the Bill, it is unlikely to become an Act until spring or summer and may not be implemented until 2004, giving organisations time 'to access appropriate support, advice and guidance'.
Details of the planned child protection legislation are available on the Scottish Executive website at www.scotland.gov.uk