Part of Employment Rights Bill – in a Public Bill Committee at 3:30 pm on 9 January 2025.
Justin Madders
Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade)
3:30,
9 January 2025
When carrying out investigatory and enforcement activity, the enforcement officers will need to obtain information relevant to the Secretary of State’s enforcement functions. That is why Clause 98(2) permits the disclosure of information to the Secretary of State or an enforcement officer if the disclosure is made in connection with an enforcement function. But there is a need to ensure that certain categories of information are treated differently, given their likely sensitive nature or content.
One such category is intelligence service information. The chiefs of the intelligence services are under statutory obligations to make sure that information relating to their service is not disclosed unless to do so is in accordance with certain requirements. Clause 101 therefore sets out restrictions on the disclosure of intelligence service information, to ensure that the Bill is consistent with those obligations.
Clause 101(1), as introduced, refers only to persons serving in an intelligence service. After discussion with the intelligence services, it is clear that there is a need to ensure that intelligence service information held by third parties is also protected, so Government Amendment 175 widens the restriction at clause 101(1) to ensure that clause 98(2) does not require third parties to disclose intelligence service information to an enforcement officer.
Government amendment 176 is consequential on amendment 175. Amendment 176 inserts wording into clause 101(1) to clarify that the restriction on persons serving in an intelligence service from disclosing information under clause 98(2) does not affect disclosures that such persons could make under intelligence service disclosure arrangements.
These amendments protect intelligence service information from disclosure. They are part of a series of amendments that aim to balance the need to preserve the work that the intelligence services do in protecting key national interests with ensuring that the fair work agency can exercise its functions where necessary. On that basis, I commend the amendments to the Committee.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
