Clause 151
10:00 am
Henry Bellingham (Shadow Minister, Justice; North West Norfolk, Conservative)
The amendments ensure that a resolution of both Houses of Parliament is in place before the Information Commissioner issues the code of practice on enforcement notices. Clause 151 states that it is up to the Secretary of State to approve the code of practice, but why should there not be an affirmative resolution of both Houses? Why is Parliament being downgraded? Surely the affirmative resolution procedure should be in place.
We are talking about the code of practice on assessment notices, the importance of which we have already discussed. The code of practice is an important tool in the commissioner’s armoury in ensuring that we have better data protection in this country. Before the commissioner issues the code of practice, it should be subject to affirmative resolution. Why can that not happen? We are increasingly using the affirmative resolution procedure, which is good for Parliament, so I humbly suggest to the Minister that the amendments are positive. Why should the Secretary of State have the power, and why should Parliament not have more power?
We are discussing a very important part of what will be the interface between our constituents, their private data and lives and Her Majesty’s Government—a Government who are taking upon themselves more powers, and want to interfere more in, and look at more aspects of, our lives and to have more control over our data. Surely, Parliament, not the Secretary of State, should be the ultimate sanction.