Clause 2 - Disclosure of information
National Lottery Bill
11:45 am
Richard Caborn (Minister of State (Sport), Department for Culture, Media & Sport; Sheffield Central, Labour)
Government amendments Nos. 2 and 3 replace references to the commissioners of Customs and Excise in new section 4B, which is inserted by clause 2, with ones to the commissioners for Her Majesty’s Revenue and Customs. The merger of Customs and Excise and the Inland Revenue under the Commissioners for Revenue and Customs Act 2005 took place after the introduction of this Bill. The hon. Member for Bath and others had to address the same issues when considering the London Olympics Bill. Hence the need to update the reference in clause 2.
Government amendments Nos. 100 and 101 need a little more explanation. Clause 2 provides for a gateway to allow for information to be exchanged between the National Lottery Commission and Her Majesty’s Revenue and Customs. The main purpose of the gateway is to allow the commission to seek information from HMRC in order to vet applicants for lottery licences to ensure that they are fit and proper persons, and to allow HMRC to obtain information to allow it to administer lottery duty. A similar gateway exists under the Finance Act 1993, but the clause updates the gateway to allow the onward disclosure of information to the National Audit Office in response to requests from the Public Accounts Committee.
The information provided by HMRC under that gateway is sensitive. Information that is held by HMRC is subject to a statutory duty of confidentiality, and is protected against wrongful disclosure by a criminal offence, such is the importance placed by the Government and Parliament on the confidentiality of such information. The Commissioners for Revenue and Customs Act 2005 reflects the fact that there was clear cross-party support for the principle of ensuring that appropriate safeguards are in place to protect HMRC’s information. Having considered the strength of feeling shown on the issue in all parts of the House during the passage of that Act, I would not wish to weaken those safeguards. Therefore Government amendments 100 and 101 insert into the Bill a criminal offence of the wrongful disclosure of information received from HMRC. The terms of the offence mirror the offence that applies to HMRC staff. Information provided by HMRC to the National Lottery Commission will be afforded the same protection that it would have had had it been received by HMRC. That will reassure taxpayers that their information is appropriately protected within the NLC.
The amendment delivers the protection for customers’ confidentiality that is needed to ensure that the public have confidence in the way in which HMRC handles information that it obtains, and I have equal confidence in the management and staff of the NLC, who remain committed to the principle of confidentiality.