Clause 152
Coroners and Justice Bill
1:00 pm

Roger Gale (North Thanet, Conservative)

I remind the Committee that with this we are discussing the following: amendment 50, in clause 152, page 100, line 8, at end insert—

‘(1A) No information-sharing order may authorise data to be shared in any way that might result in the date being used for a purpose different from that for which its collection was originally authorised.’.

Amendment 51, in clause 152, page 100, line 9, at end insert—

“‘an appropriate person” means any public authority within the meaning of section 6 of the Human Rights Act 1998, and, for the purposes of that section, any use of data under an information sharing order shall count as exercising a function of a public nature and shall in no circumstances count as an act whose nature is private;’.

Amendment 52, in clause 152, page 100, leave out lines 24 and 25.

Amendment 53, in clause 152, page 100, line 27, leave out ‘it is satisfied’ and insert ‘the following conditions are met’.

Amendment 54, in clause 152, page 100, leave out lines 29 to 32 and insert—

‘(a) the order will not authorise data to be used in any way that implies any new government policy or any deviation from previously announced government policy, and “government policy” in this section means only that policy to which there is clear and unambiguous reference in the speeches or other remarks of Ministers during the passage of a bill or bills in Parliament,

(b) the order is proportionate to the policy objective it seeks to further, and’.

Amendment 356, in clause 152, page 100, line 30, leave out ‘secure a relevant policy objective’ and insert ‘serve the public interest’.

Amendment 55, in clause 152, page 100, line 33, leave out from ‘order’ to end of line 35 and insert

‘does not, other that with that person’s consent, interfere with or restrict any person’s right to or interest in privacy, whether that right or interest arises under any statute or at common law or in any other way.’.

Amendment 56, in clause 152, page 100, line 41, at end insert—

‘(5A) No information-sharing order shall be made unless the authority making the order identifies and publicly declares which existing government policy the order would further, the evidence for the existence of that policy in the speeches or remarks of Ministers during the passage of bills in Parliament and a statement of how the order will further that policy.’.

Amendment 57, in clause 152, page 101, line 8, at end insert

‘, except that such person must be a public authority for the purposes of section 6 of the Human Rights Act, and no power granted under this subsection shall be used to authorise any person further to share data;’.

Amendment 58, in clause 152, page 101, leave out lines 13 and 14.

Amendment 59, in clause 152, page 101, leave out lines 18 and 19.

Amendment 61, in clause 152, page 101, leave out line 22 and insert—

‘(h) modify any statutory instrument made under the Data Protection Act or any statutory instrument made under any other enactment, but may not modify any statute or any rule of common law.’.

Amendment 60, in clause 152, page 101, leave out line 22.

Amendment 147, in clause 152, page 103, line 13, at end insert ‘and

(c) undertake a privacy impact assessment.’.

Amendment 357, in clause 152, page 103, line 13, at end insert ‘and

(c) supply a full privacy impact assessment.’.

Amendment 148, in clause 152, page 103, line 14, after ‘order’, insert ‘and privacy impact statement’.

Amendment 149, in clause 152, page 103, line 18, at end insert

‘and comment on the compatibility of the proposals with all data protection requirements laid down in statute.’.

I have had a look at the grouping of amendments. It is fairly comprehensive and it might be for the convenience of the Committee if we treat our discussions also as a stand part debate. Members of the Committee might like to bear that in mind when seeking to make contributions to the debate.

See this speech in context