My Lords, I shall have to take further advice on that point.
The point I was making is that we feel the "name and shame" route and the issuing of practice recommendations would be a more appropriate way of dealing with the issue raised by the noble Lord. I do not dispute that the noble Lord has raised a good issue.
As currently drafted, the draft code of practice contains good practice advice to public authorities on consultation with third parties. It proposes that where, for example, there is an issue of personal privacy and the consent of a third party would enable a disclosure to be made, a public authority should consult that party prior to reaching a decision unless it is clear to the authority that the consent would not be forthcoming.
I think that I have addressed the point made by the noble Lord. If not, I shall reflect further on his observations should he require further explanation.