New clause 2 - Request for information
Social Security Fraud Bill [Lords]
6:15 pm
Mr Jeff Rooker (Minister of State, Department of Social Security; Birmingham, Perry Barr, Labour)
I think that I can satisfy the hon. Lady in relation to the new clause. It is drafted in such a way that it covers everybody—not merely the DSS and local authorities, but banks, utilities and the private sector, to which the early part of the Bill refers. That may or may not have been her intent, but there is no need for the new clause. Nothing in the Bill will enable the Government or the Department to contravene the Data Protection Act 1998. Anybody who has been subject to inquiries or about whom records have been kept can ask for access to that information. Indeed, new clause 2 largely replicates the access provisions. Everything that it would achieve is already provided, except that the Data Protection Act allows 40 days for compliance rather than 21.
We have not costed the effect on the private sector of 21 days rather than 40. We struggle to meet the requirement of 40 days. Our best endeavours are used to meet the legislative requirements, so it would be a real struggle to meet them in 21 days. When people have been investigated but no action takes place, the information that was used is destroyed afterwards. We are not allowed to keep information that we do not need. The subject's powers and rights are fully protected under the Data Protection Act. Nothing in the Bill will allow us to get round that or contravene it. I hope that, having said that, the hon. Lady will withdraw the motion.