Clause 41
Welfare Reform Bill
5:15 pm
Jim Murphy (Minister of State (Work), Department for Work and Pensions; East Renfrewshire, Labour)
I am not sure that I have the confidence or the courage to share with my right hon. Friend the Secretary of State for Defence the information that the position in Committee of my hon. Friend the Member for Colne Valley is a promotion from her role as his parliamentary private secretary. However, the hon. Gentleman might wish, in a quieter moment, to offer that observation to my right hon. Friend.
Protection under subsection (4) is set out in terms of the appropriate person. As the hon. Gentleman is aware, draft regulations 125 to 128 set out the legitimate purpose. At present, it is up to local authorities to provide for the delivery of such services in the manner that best meets the needs of the communities they serve. The amendment would unnecessarily involve the Secretary of State in that local authority role and matter. Although the phrase applies to a person authorised to perform any function, the sharing can take place only for a relevant purpose in respect of housing benefit and welfare services. I hope that the relative narrowness of the power will reassure the hon. Gentleman.
The clause already contains adequate safeguards to ensure that only appropriate persons are involved in the information sharing. In particular, any information sharing under the clause would need to be for the legitimate purpose of either applying a welfare service grant or for a welfare service housing benefit purpose prescribed under the regulations. Only those persons whose functions relate to such purposes can be involved in the information sharing, so there is no need to be more specific about the persons involved.
Section 123 of the Social Security Administration Act 1992, which I have alluded to, and clause 42 of the Bill would also make any unauthorised disclosure of information made by a person authorised to exercise a housing benefit and welfare service function respectively a criminal offence. That reassurance is important. However, if the hon. Gentleman has specific worries, he can allude to them when referring to the draft regulations before us or do so in later proceedings. I encourage him gently to consider withdrawing the amendment.