Clause 15
Serious Crime Bill [Lords]
10:30 am
Vernon Coaker (Parliamentary Under-Secretary, Home Office; Gedling, Labour)
I hope that my brief comments on amendment No. 109 will reassure Opposition Members.
Clause 15 provides an important safeguard. We do not intend such orders to cut across any prohibitions on disclosing information that might be contained in other legislation. However, the amendment goes further. It means that in cases in which there is a discretion or restriction on disclosure in another piece of legislation, such disclosure could not be provided for by an order. Discretions or restrictions are specifically drafted as such because disclosure might be appropriate in some instances. I do not think it necessary to extend the provision into such areas; the High Court will be able to decide whether the circumstances of a case make disclosure appropriate.
In addition, clause 37 includes a protection for anyone making such a disclosure. That ensures that actions for breach of a restriction on disclosure cannot be brought against the subject of an order. I hope that, with that reassurance, the right hon. and learned Member for Sleaford and North Hykeham will feel able to withdraw the amendment.