Clause 31 - Disclosure of information
Domestic Violence, Crime and Victims Bill [Lords]
2:30 pm
Mrs Cheryl Gillan (Shadow Minister, Home, Constitutional & Legal Affairs; Chesham and Amersham, Conservative)
Welcome to the Committee, Mr. Benton.
I have great sympathy with the case that the hon. Member for Somerton and Frome (Mr. Heath) has made. Major issues have been raised recently about what a Member of Parliament can or cannot do about information brought to him or her by a constituent. I, too, look forward to the Minister's comments, because the amendment seems to be a perfect vehicle for a fuller exploration of the matter. I am grateful to the hon. Gentleman for tabling it.
I am also grateful to the hon. Gentleman for supporting amendment No. 23, to which I shall speak.
Victim Support particularly wants it to be considered, because it wants to ensure that all victims of crime obtain services for which they are eligible under the victims code. Victim Support is concerned to ensure clarity about the disclosure of information, and data protection in particular.
The debate is not a new one, because it was conducted in another place. However, Victim Support feels strongly about clause 31, and the amendment is intended to make it clear that nothing that a service provider does that complies with the victims code will put it in breach of the Data Protection Act 1998.
During the Grand Committee debate in the House of Lords, Baroness Scotland stated that she was confident that the current arrangements for passing information to Victim Support complied with the Data Protection Act 1998. That is a reassuring statement because it confirms, for example, that the police can pass on to Victim Support information about victims, who will then receive support. However, there have been misunderstandings in the past about the freedom to pass on such information, and I am sure that the Minister will understand why Victim Support hopes to have the correct situation put on the record in the House of Commons.
There is a justification for the amendment and a need for the Bill to reassure all service providers that compliance with the code will not put them in breach of the Data Protection Act 1998. The experience of Victim Support has shown that it is not sufficient for the practical implications of the Act to be tackled through protocols for information sharing and further guidance. Concerns are bound to remain in the minds of some data protection officers in view of the overriding requirements of the Act.
Amendment No. 23 is intended to assure the necessary flow of information to Victim Support to enable it to continue to provide services to victims. The Minister could easily accept the amendment, not least because there appears to be agreement across Government. I would have thought that the Government wanted to give assurances to organisations such as Victim Support by adding this small amendment to the Bill. I hope that the Minister will find favour with it and not reject it, as he has done with all other amendments bar one.