Mr Humfrey Malins (Shadow Minister, Home Affairs; Woking, Conservative)

I beg to move amendment No. 215, in page 20, line 23, leave out from 'person' to end of line 25.  

We move on to an important clause dealing with rules for using information without the individual's consent. I pause simply to say that so much under the Bill seems to be done without the individual's consent that it comes as no surprise to any of us to see another clause with that heading.

The clause empowers the Secretary of State to make some regulations that make provision on imposing requirements. This is a probing amendment that seeks to omit subsection (3)(c), because is not clear what that paragraph means. It says:

''Those regulations may include . . . provision imposing other requirements as to the manner in which such applications must be made'',

which suggests that the Minister will have powers to make regulations that may include ''provision imposing other requirements'' further down the line. We do not know what are those

''other requirements as to the manner in which such applications must be made.''

Perhaps the Minister could explain what is meant by paragraph (c).

Mr Des Browne (Minister of State (Citizenship, Immigration and Counter-Terrorism), Home Office; Kilmarnock & Loudoun, Labour)

I hope that I can deal with that relatively quickly. From the hon. Gentleman's contribution it is clear that he fully understands the clause.

To understand exactly what subsection (3)(c) means, one has to read it as a whole. It states:

''provision imposing other requirements as to the manner in which such applications must be made.''

For example, we might like to include in regulations made under paragraph (c) the information that would need to be recorded by an organisation requesting information to ensure that adequate records are kept for audit purposes, or we may want to require the organisation requesting the information to apply in a particular manner, for example, in a specific form in writing, or electronically.

It is right to work through the process in detail in respect of those affected by the clauses, rather than try to anticipate all the circumstances here in Committee. The Bill sets out in principle that organisations could have information provided without consent for the purposes that are specified in clauses 19 and 21. It would be artificial to set out in the Bill exactly how that should work, but it would be appropriate that provision should be made to say whether such requests should be made in writing or electronically. That is why the provision is included.

Mr Humfrey Malins (Shadow Minister, Home Affairs; Woking, Conservative)

The Minister has been helpful in his response. There are concerns about the clause that might be raised in the clause stand part debate. Who am I to say? However, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Mr Geoffrey Clifton-Brown (Assistant Chief Whip, Whips; Cotswold, Conservative)

On a point of order, Mr. Conway.

Mr Derek Conway (Old Bexley & Sidcup, Conservative)

I am sorry, but I cannot take a point of order at this point in proceedings.  

It being twenty-five minutes past Eleven o'clock, The Chairman proceeded, pursuant to Standing Order 83D and the Order of the Committee [18 January], (as amended, [25 and 27 January],) to put forthwith the Question necessary to dispose of the business to be concluded at that time.

Question put, That clauses 23 to 25 stand part of the Bill:—

The Committee divided: Ayes 8, Noes 6.