Clause 48 - Special protection for personal records
Health Bill
6:15 pm
Jane Kennedy (Minister of State (Quality and Patient Safety), Department of Health; Liverpool, Wavertree, Labour)
The hon. Gentleman asks me to define more clearly what we mean by ''the public''. I want to reflect on the points that have been made because I want things to be right. We mean those not engaged in the case. The information will be anonymised, as I was describing earlier. I am unsure whether he was present then. The information will be anonymised and only that which is absolutely relevant and necessary for the case to be demonstrated will be disclosed.
We are creating a criminal offence of misuse of the information, so that when the officers of the counter-fraud service have the information, there will be a heavy duty on them to ensure that it is dealt with properly and only disclosed appropriately. We are concerned with giving special protection for those who might be identified even if the information is anonymised. We are saying to those involved in prosecuting and hearing cases that they have a duty on disclosure, even if we are talking about anonymous information put together with other information. We think of somebody not directly involved with the case—a court reporter or a journalist in particular—but the provision refers to any member of the public. It is right that we should give the utmost, stringent protection possible in relation to the information. If it is possible that someone will be identified, that is the responsibility of those managing and hearing the case. The court will be invited to consider the circumstances in which the evidence should be presented, with the concerns that the hon. Gentleman has just raised specifically in mind. I hope that that answer gives him the reassurance he seeks. I will reflect on the points raised in order to reassure myself that we have got this absolutely right. I think that we have, but I will consider those points to be absolutely sure.
Question put and agreed to.
Clause 48 ordered to stand part of the Bill.
Clause 49 ordered to stand part of the Bill.