Clause 91
Tribunals, Courts and Enforcement Bill [Lords]
1:00 pm
Henry Bellingham (Shadow Minister, Constitutional Affairs; North West Norfolk, Conservative)
The group of amendments is about finding out exactly what information can be gleaned from Departments. I am concerned about clause 91(2), which states:
“The relevant court may make one or more of the following in relation to the debtor...(a) a departmental information request; (b) an information order.”
Subsection (5) states:
“The relevant court may not make a departmental information request to the Commissioners unless regulations are in force”.
The clause effectively states that requests for information can be put to a Department, although it does not specify which one.
It is important that we look more closely at what is entailed. I am concerned, as are many people, that the tendency of all Governments in this age of hi-tech and IT is to try to accumulate more information abouttheir subjects and to centralise information. In that way they can have more control over us. Looking forward to what will be possible in future, with further technological advances, I envisage many Departments holding a lot of information on citizens.
Clause 91(2) enables a creditor to ask a court to secure information from a Department about the status—possibly even the financial status—of the debtor. What protection is there for the debtor? How much information can be released? What constraints will there be on a Department in terms of releasing such information? What about confidentiality of information and data? In the other place, Baroness Ashton of Upholland addressed some of those concerns and mentioned that specified pieces of information could be made available, particularly from Her Majesty’s Revenue and Customs. However, having read her response to the short debate in the Houseof Lords, I am concerned about the paucity of the evidence that she gave, which was able to satisfy the noble Lords that this would not be an intruder’scharter and not an opportunity for Departments to supply information on debtors that might be highly confidential.
I am greatly concerned about the principle ofbeing able to get such information from a range of Departments. Our amendment would removeclause 91(2)(a) and (b) and delete subsection (5) and the references to Departments, because we believe that the clause is going too far. I will not push your good will, Mr. Bercow, by mentioning clause 92, which gives more information about what sort of information can be released. We are looking at the principle—