Clause 3 - Code of practice about use of information powers
Social Security Fraud Bill [Lords]
10:00 am
Mrs Jacqui Lait (Beckenham, Conservative)
Once the code of practice is agreed, all proposed changes to it should be debated under the affirmative resolution procedure in the House of Commons, and subsequent changes should also fall under that procedure. The debate would be brief if the Under-Secretary were to nod her head in agreement to that. We have tabled the amendment because the Bill is not clear about the matter.
The code of practice is crucial, as it addresses contentious matters that could lead to litigation—although I do not wish to imply that Ministers have given reassurances in bad faith. The Minister of State referred to learned friends, and it is important to be aware that many brilliant minds are devoted to generating court cases from such matters. As the details of the code of practice are controversial, the House of Commons should debate any proposed changes to it under the affirmative procedure. Amendments to it could result from court proceedings, although I would prefer them to develop due to custom and practice, as systems are improved and problems are overcome.
Liberty and organisations that usually disagree with its point of view have expressed similar opinions about the Bill and the code of practice. That highlights why it is important that both Houses of Parliament should be able easily to debate them. I hope that the consultation on the code of practice will continue, as there have been oversights. For instance, with regard to the gathering of information, the problem of fishing expeditions arose. Efforts have been made to address that. In relation to the utility industries, the wording of the House of Commons draft code of practice is less open to fishing expeditions than was the wording of the House of Lords version. Chapter 2.3.e of the Commons code of practice, refers to
``Customer details from a utility company''.
However, on page 18, chapter 4.33.c mentions
``Utilities where we are obtaining bulk information'',
and ``bulk information'' allows for the kind of fishing expedition that worries me.