Power to make further exemptions

Part of Data Protection Bill [Lords] – in a Public Bill Committee at 10:15 am on 20 March 2018.

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Photo of Victoria Atkins Victoria Atkins The Parliamentary Under-Secretary of State for the Home Department, Minister for Women 10:15, 20 March 2018

I thank the hon. Gentleman for raising this point. Clause 113 is analogous to clause 16, which we have already debated, and provides for the Secretary of State, by regulations subject to the affirmative procedure, to add further exemptions from the provisions of part 4 or to omit exemptions added by regulations. This clause reflects amendments made in the House of Lords in response to the Delegated Powers and Regulatory Reform Committee’s concerns that the powers in the Bill as introduced, which provided for adding, varying or omitting further exemptions in relation to schedule 11, were inadequately justified and too widely drawn. However, maintaining the power to add further exemptions, or to omit exemptions that have been added, provides the flexibility required, if necessary, to extend exemptions in the light of changing public policy requirements.

Any regulations will be subject to the affirmative procedure, so they will have to be debated and approved by both Houses. I hope that gives the hon. Gentleman some comfort. In addition, clause 179 requires the Home Secretary to consult the Information Commissioner and other interested parties that they consider appropriate before bringing forward any regulations. Again, those are further procedural safeguards.