Clause 2 - Disclosure of information
National Lottery Bill
11:45 am
Andrew Turner (Shadow Minister (Charities), (Assisted By Shadow Law Officers); Isle of Wight, Conservative)
The first two amendments appear sensible, but I am concerned about the subsequent ones, which seem to allow a considerable amount of information to be disclosed. Although the purposes set out in the amendments seem to be sensible, I am not clear whether subsection (ac) in amendment No. 100 applies to any information that is disclosed by the NLC or whether information may be disclosed without the consent of the commissioners of HMRC. Can the Minister give some more information about the purposes for which the information might be disclosed without the consent of the commissioners and why that information might not have been sought from the commissioners in the first place? Chinese whispers are never an effective means of communication, and information that has been obtained from HMRC must surely be better communicated by that body in the first place.
Moving on to proposed new section 4C of the 1993 Act, I am not clear whether it applies to the disclosure of information by an individual or by the commission in general. Is it an offence for the commission to disclose information that it is not entitled to disclose or to require an individual who is an employee of the commission to pass on information that he is not entitled to disclose? Alternatively, if an allegation were made that an employee of the commission had wrongfully disclosed information, would it be a defence for him to say he had been instructed so to do by the commission?