– in the House of Lords at 3:24 pm on 25 March 2009.
Baroness Miller of Chilthorne Domer
Spokesperson for the Home Office
3:24,
25 March 2009
To ask Her Majesty's Government what action they intend to take following the conclusion in Database State by the Joseph Rowntree Reform Trust that several proposed government databases will not comply with privacy Laws.
Lord Bach
Government Whip, Parliamentary Under-Secretary, Ministry of Justice, Government Whip, The Parliamentary Under-Secretary of State for Justice
My Lords, databases are necessary to protect the public and to deliver public services. The Government very carefully assess the potential privacy impact of any new database system or policy. It is not clear from the report what evidence the authors have used to reach their conclusions or the methodology that they have employed in reaching them. Frankly, there seems to be little real analysis. However, we are never complacent about such issues and, if we find that changes need to be made, we will make them.
Baroness Miller of Chilthorne Domer
Spokesperson for the Home Office
My Lords, in thanking the Minister for his reply, I must ask whether the evidence points to the fact that the Government are alone in believing that they are right to propose and enact the databases. Does he not realise that doctors, teachers, youth workers and the public in general have been very worried about these databases? If the Government will not review the legality of their databases, will they at least follow the recommendation in the Rowntree report that those databases should be subjected to an independent review of both their privacy impact and their overall benefits to society?
Lord Bach
Government Whip, Parliamentary Under-Secretary, Ministry of Justice, Government Whip, The Parliamentary Under-Secretary of State for Justice
My Lords, of course we will read the report carefully and respond to it as soon as we can. However, information is fundamental to the delivery of modern public services and public protection because it helps citizens to receive the services to which they are entitled, front-line staff to have the information that they need to do their jobs effectively and public services to be accurate and efficient. In saying that, I also recognise that the increasing use of data needs to be matched by increasing safeguards to protect the information and privacy of the individual.
Lord Corbett of Castle Vale
Labour
My Lords, while we are all properly concerned with the personal data held by government and commercial organisations that snoop around our shopping habits, what view does the Minister take of the objectivity and academic rigour of the Rowntree report?
Lord Bach
Government Whip, Parliamentary Under-Secretary, Ministry of Justice, Government Whip, The Parliamentary Under-Secretary of State for Justice
My Lords, as a polemic and a campaign document it is quite useful, but as a piece of objective academic work it is rather less convincing. I commend David Aaronovitch's article in the Times yesterday, in which he made the point that, although the body that was asked to prepare the report started with an anti-database bias,
"their report was treated as though it had emerged from a body of dispassionate academics engaged in open inquiry".
Mr Aaronovitch ends by saying:
"Perhaps in future they should try discussing these things with people who don't agree with them".
Lady Saltoun of Abernethy
Crossbench
My Lords, it was reported in the Telegraph on
Lord Bach
Government Whip, Parliamentary Under-Secretary, Ministry of Justice, Government Whip, The Parliamentary Under-Secretary of State for Justice
My Lords, I am sorry but I do not know the answer to the noble Lady's question, but I shall write to her and place a copy in the Library.
Lord Kingsland
Shadow Lord Chancellor, Parliament
My Lords, the Rowntree trust report estimates that £16 billion a year is spent on IT projects of this sort. In view of the conclusions of the authors of the report, does not the Minister consider that it is time for a severe public expenditure cut in this area?
Lord Bach
Government Whip, Parliamentary Under-Secretary, Ministry of Justice, Government Whip, The Parliamentary Under-Secretary of State for Justice
My Lords, I can hardly stand at the Dispatch Box and say that this Government, or perhaps even the one before, have not had problems with IT; I do not have the cheek to do that. However, IT can play an important role in making sure that the databases are proper, secure and used for the purposes intended. Governments of all colours will continue to spend money on IT.
Baroness Falkner of Margravine
Liberal Democrat
My Lords, in the Government's view, at what age is a child able to give consent to data sharing? What view have they taken on parents' involvement in that decision? How extensively have they consulted parents on the age at which they have determined that children are capable of giving free consent?
Lord Bach
Government Whip, Parliamentary Under-Secretary, Ministry of Justice, Government Whip, The Parliamentary Under-Secretary of State for Justice
My Lords, I apologise for taking time to answer the noble Baroness. She may be referring to a particular database that has been the subject of some discussion in the last few days. If I am right and she is referring to the ContactPoint database, I should say that that database is supported by childcare experts, by major children's organisations, including Barnardo's and Action for Children, and by those working on the front line as the right tool to help professionals to keep children safe. We think that that database has been unfairly attacked.
Lord Mackenzie of Framwellgate
Labour
My Lords, does my noble friend agree that the value of databases was proved a couple of weeks ago when a man was released after 27 years from prison following a serious miscarriage of justice?
Lord Bach
Government Whip, Parliamentary Under-Secretary, Ministry of Justice, Government Whip, The Parliamentary Under-Secretary of State for Justice
My Lords, of course I agree with my noble friend. It is absolute common sense that the DNA database has ensured not only that people who are not guilty of offences are declared not guilty but also that a large number of people who would not otherwise have been brought to court are found guilty of extremely serious offences.
Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
If you've ever seen inside the Commons, you'll notice a large table in the middle - upon this table is a box, known as the dispatch box. When members of the Cabinet or Shadow Cabinet address the house, they speak from the dispatch box. There is a dispatch box for the government and for the opposition. Ministers and Shadow Ministers speak to the house from these boxes.