9. 5. Legislative Consent Motion on the Digital Economy Bill

Part of the debate – in the Senedd at 5:02 pm on 14 March 2017.

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Photo of David Lloyd David Lloyd Plaid Cymru 5:02, 14 March 2017

Can I thank the Cabinet Secretary for his opening to this debate, and also for the conversation that we’ve had on this measure recently? As the Cabinet Secretary has outlined, we are today requested to provide our consent to Part 5 of the UK Government’s Digital Economy Bill. As the Cabinet Secretary alluded to, at times, that section has proved highly controversial as the Bill proceeded through the legislative process in both Houses of the UK Parliament. Having said that, I also agree with the general thrust of this matter before us. However, it is worth noting that, as it proceeded through the House of Lords, the Lords’ Delegated Powers and Regulatory Reform Committee report said—and I quote—

‘we do not consider it appropriate for Ministers to have the power to decide by Delegated legislation which authorities should be entitled to disclose or receive information under this potentially far-reaching and broadly-drafted gateway’.

The broad powers to share information with a range of ‘specified persons’, which could include private sector bodies, in particular, could be an area of concern, and plainly was an area of concern in the deliberations at the other end of the M4. It noted there, in the House of Lords, that the powers would very significantly broaden the scope for the sharing of information across Government departments, local authorities and other public bodies, and I understand that it is intended to allow recipients to match the data against that already held to identify individuals ‘facing multiple disadvantages’.

However, one could have an issue with the broad definition of the list of bodies that citizen data could be shared with under Clause 30 of the Bill. The power to be described as a ‘specified person’ means that private sector contractors could be entitled to receive and disclose citizen information. So, could I just ask, what representations has the Welsh Government made on the specific point of whether the specified persons should be listed on the face of the Bill? And does the Welsh Government believe that the Bill should include such a list on the face of the Bill? The provisions within the Bill would, as was said in the explanatory memorandum, allow information to be shared between gas and electricity suppliers and public authorities, in relation to customers living in Fuel Poverty. Any move towards supporting people who are in fuel poverty is obviously very welcome. However, it does raise some serious questions that information on customers will be provided to commercial companies. Therefore, what steps have been taken to safeguard the people in Wales to ensure that companies do not breach any privacy rights?

The Cabinet Secretary alluded that this legislation was compatible with human rights legislation. Could he just confirm that again? And back to the data sharing of information with gas and electricity companies. Obviously, if it helps people in fuel poverty and in water poverty, and with debt control and all the rest of it, those moves are to be welcomed, naturally, but what happens to the data when those customers who at one point were in fuel poverty are no longer deemed to be in fuel poverty? What measures are used to stop the sharing of that information when it is no longer materially necessary so to do?

I'm glad the Cabinet Secretary has confirmed this afternoon that the relevant parts, when relevant public bodies are being discussed and measures are brought forward here, will be subject to the affirmative procedure here. That’s a move that I welcome. And, having said all that, Plaid Cymru will not oppose this LCM today. Diolch yn fawr.

House of Lords

The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.

The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.

fuel poverty

A household is said to be in fuel poverty when its members cannot afford to keep adequately warm at reasonable cost, given their income.

delegated legislation

Delegated legislation is law made by ministers under powers deriving from Acts of Parliament.

Thousands of pieces of delegated legislation, commonly known as statutory instruments, are passed by Parliament each year.

They enable the government to make minor, technical changes to the law without having to introduce a whole new Act of Parliament.

clause

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.

Cabinet

The cabinet is the group of twenty or so (and no more than 22) senior government ministers who are responsible for running the departments of state and deciding government policy.

It is chaired by the prime minister.

The cabinet is bound by collective responsibility, which means that all its members must abide by and defend the decisions it takes, despite any private doubts that they might have.

Cabinet ministers are appointed by the prime minister and chosen from MPs or peers of the governing party.

However, during periods of national emergency, or when no single party gains a large enough majority to govern alone, coalition governments have been formed with cabinets containing members from more than one political party.

War cabinets have sometimes been formed with a much smaller membership than the full cabinet.

From time to time the prime minister will reorganise the cabinet in order to bring in new members, or to move existing members around. This reorganisation is known as a cabinet re-shuffle.

The cabinet normally meets once a week in the cabinet room at Downing Street.