New clause 2 - Confidentiality

Part of Civil Contingencies Bill – in a Public Bill Committee at 4:45 pm on 10 February 2004.

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Photo of Patrick Mercer Patrick Mercer Conservative, Newark 4:45, 10 February 2004

I beg to move, That the Clause be read a Second time.

New clause 2 is essentially a confidentiality clause. It is based not on the idea of a reasonable and rational Government enforcing such powers, but a Government who are malevolent, misguided, or, more predictably, thoroughly shocked by the events that surround them, in a way comparable to the effects of the strictures and difficulties under which Mr. Bush's Government operated after 11 September. In those circumstances, I think that that Government reacted extremely rationally, but it is possible that a Government might not react so rationally.

The new clause is designed to act as a whistleblower's comfort blanket. As things stand, the Government will be able, on Royal Assent, to demand information for any purpose they desire and pass it on or force it to be passed on to whatever level of responder they desire. That information could be dangerous; it might lead to conflicts of interest and to difficult circumstances where the passage of intelligence is concerned. It is important that the new clause should be viewed as intending to alter the behaviour of a malevolent Government, or a Government in deep shock. Although the new clause does not guarantee personal anonymity for the source of the information, at least the information will have to be kept secret. That might allow whistleblowers, for want of a better phrase—those who have difficulties with the way the Government are conducting themselves in these circumstances—physically to come forward with that information. I would be grateful if the Minister would illuminate me on that point.

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