New clause 2 - Confidentiality
Civil Contingencies Bill
4:45 pm
Mr Douglas Alexander (Chancellor of the Duchy of Lancaster, Cabinet Office; Paisley South, Labour)
I feel that I will disappoint the hon. Member for Newark once again by resisting the new clause. Throughout the Committee stage he has consistently implored us to take a practical approach. Indeed, it may be a matter of some quiet pride to him that one morning I was doing something as innocuous as shaving when he appeared on the ''Today'' programme making exactly these points and causing the Minister to have a rather more troubled breakfast than he had anticipated.
I will try to answer specific points about information sharing, which is important with regard to the Bill's intentions and the safeguards that form the substance of what the hon. Member for Sheffield, Hallam said. Information sharing is fundamental to the development of sound risk assessments and well founded planning and response arrangements. How could a fire authority assess risk and make response plans without a thorough knowledge of how a local
electricity generator works? That is a very straightforward example. We recognise, however, that while information sharing is vital, it is highly sensitive. The hon. Gentleman was right, therefore, to emphasise that the confidentiality of information disclosed as part of the civil protection arrangements should be protected. He is also right to seek assurances that where confidentiality is breached, enforcement action will be available.
While I am unable to accept the amendment, I hope that my explanation will at least throw light on the points he has raised. Information sharing, whether under clause 2(5) or clause (6), will not materially affect the law of confidence. If one responder passes confidential material to another, pursuant to the regulations, he will be able to rely on common law remedies to enforce that confidentiality. In addition, the draft regulations contain provisions that preserve the confidentiality of sensitive information shared between responders. Furthermore, a responder—or a Minister of the Crown—may bring action in the High Court in respect of a failure by a responder to comply with the regulations. As draft regulation 29 makes clear, provisions concerning the protection of sensitive information not only cover commercially sensitive information but information the disclosure of which would be contrary to the interests of national security or would endanger public safety, and personal data the disclosure of which would breach the Data Protection Act 1998. That was raised by the hon. Member for Sheffield, Hallam.
In addition to the remedies offered by the Data Protection Act, the enforcement mechanism under clauses 10 and 11 would also apply. On that basis, I hope that I have offered the assurance that the hon. Gentleman seeks and I urge him to withdraw the amendment.