Clause 79 - Defences to liability under section 78
Serious Organised Crime and Police Bill
3:00 pm
Mr David Heath (Shadow Minister (Home Affairs), Home Affairs; Somerton and Frome, Liberal Democrat)
I want to make what might seem a rather spurious point, which I did not think was worthy of amendment, although I would like the Minister's advice on it. What happens if person P dies? Do the requirements against disclosure die with that person? If so, P's dependants may find themselves at risk because of information disclosed.
My point is not entirely spurious, as I hope the Minister appreciates. There is no provision covering what happens posthumously to the protected identity of the person. To what degree is there still a duty to ensure that P's identity is not revealed? There could be significant repercussions for the family and acquaintances of that person, not least because the children might discover that their father or mother was not who they thought they were but had a protected identity. That is a hypothetical case, but one that could happen and it might be worth the Department's while to consider it.