New Clause 4 - Criminal Records Bureau checks
Gender Recognition Bill [Lords]
4:45 pm
Mr Tim Boswell (Daventry, Conservative)
I beg to move, That the clause be read a Second time.
The Committee had a full and useful debate on clause 22 and disclosure of information. The new clause relates to a particular problem that may or may not arise in consideration of an individual and searches to be made by the Criminal Records Bureau. The overriding point was shown up by the recent case of Huntley, who changed his identity. Tragically, that change was not sequenced through and he was not identified as a person with a question mark or a history of complaints against him. That, sadly, led to the conclusion that it did. We need not go on about that; there may be other cases of equivalent or lesser importance. The principle is that it should be possible, despite a change of gender, to identify people with their history.
The issue raised by clause 22, as drafted, is who should handle that information and whether it should be in the hands of the people who carry out the checks or should go directly to the bureau from the registrar or person who issues the gender recognition certificate in the first place. We want to ensure that, whatever means are secured—perhaps the Minister can explain the mechanism he has in mind—someone who has changed gender, as well as someone who has changed identity, will be traceable through the system so that anyone who needs to know will know and anyone who needs to disclose that information to another person will be protected from any suit under clause 22.
The issue is important and it is essential that the Minister gives a clear assurance that the system will work, that no one will be put under unreasonable pressure and, in particular, that the voluntary bodies to which we referred earlier will be able to make use of the information if they need it, or pass it on to others.