Commissioner for Older People (Wales) Bill [HL]

moved Amendment No. 102:"After Clause 14, insert the following new clause—"    ““POWER TO DISCLOSE INFORMATION (1)   This section applies to— (a)   information obtained by the Commissioner in the discharge of any of his functions; (b)   information obtained by the Commissioner from the Public Services Ombudsman for Wales by virtue of section 25A of the Public Services Ombudsman (Wales) Act 2005 (c. 10) (working jointly with the Commissioner for Older People in Wales); (c)   information obtained by the Commissioner from another ombudsman by virtue of any provision in an enactment relating to that ombudsman which corresponds to any provision of section (Working collaboratively with other ombudsmen); (d)   information obtained by the Commissioner from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 (c. 36) (disclosure between Information Commissioner and ombudsmen). (2)   Information to which this section applies must not be disclosed except where its disclosure is authorised by subsection (3). (3)   The Commissioner may disclose information to which this section applies— (a)   for the purpose of the discharge of any of his functions; (b)   if he is satisfied that the condition in subsection (4) is met and the disclosure is to a permitted person; (c)   for the purpose of proceedings for an offence of perjury alleged to have been committed in the course of an examination by the Commissioner under regulations made under section 9; (d)   for the purpose of an inquiry with a view to the taking of proceedings mentioned in paragraph (c); (e)   for the purpose of proceedings under section 10; (f)   if the information is to the effect that a person is likely to constitute a threat to the health or safety of one or more persons and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest; (g)   if the information is information to which subsection (6) applies and the disclosure is to the Information Commissioner; (h)   if the information was obtained by the Commissioner more than 70 years before the date of the disclosure and the disclosure is to a person to whom the Commissioner thinks it should be disclosed in the public interest. (4)   The condition is that the disclosure is— (a)   appropriate for the purpose of the discharge by the permitted person of any of his functions; and (b)   in the public interest. (5)   In determining for the purpose of this section whether disclosure of information is in the public interest, the Commissioner must take into account the interests of— (a)   any person to whom the information relates; and (b)   such other persons he thinks appropriate. (6)   This subsection applies to information if it appears to the Commissioner to relate to— (a)   a matter in respect of which the Information Commissioner could exercise a power conferred by an enactment mentioned in subsection (7); or (b)   the commission of an offence mentioned in subsection (8). (7)   The enactments are— (a)   Part 5 of the Data Protection Act 1998 (c. 29) (enforcement); (b)   section 48 of the Freedom of Information Act 2000 (c. 36) (practice recommendations); and (c)   Part 4 of that Act (enforcement). (8)   The offences are those under— (a)   any provision of the Data Protection Act 1998 (c. 29) other than paragraph 12 of Schedule 9 to that Act (obstruction of execution of a warrant); or (b)   section 77 of the Freedom of Information Act 2000 (c. 36) (offence of altering etc. records with intent to prevent disclosure). (9)   In this section— ““other ombudsman”” has the same meaning as in section (Working collaboratively with other ombudsmen); ““permitted person”” means— (a)   the Assembly; (b)   the Public Services Ombudsman for Wales; (c)   the Children’s Commissioner for Wales; (d)   the Children’s Commissioner; (e)   the Commissioner for Children and Young People for Northern Ireland; (f)   a housing ombudsman appointed in accordance with a scheme approved under section 51 of the Housing Act 1996 (c. 52); (g)   a council for a county or county borough in Wales; (h)   a council for a county or district in England; (i)   a council for a London borough; (j)   a chief of police of a police force for a police area; (k)   the chief constable of the British Transport Police Force. (10)   The Assembly may by order amend the definition of ““permitted person”” in subsection (9) by— (a)   adding a person; (b)   omitting a person; (c)   changing a description of a person.”” The noble Lord said: This is another government amendment that deals with working with, and avoiding duplication between, other commissioners and ombudsmen. I have tabled it following my comments on this matter at Second Reading. To avoid duplication and maximise efficiency, the sharing of information between the commissioner and other commissioners and ombudsmen will be crucial, and that is why we have determined to make specific provision for it in the Bill. The amendment reflects our policy that the commissioner should be able to share information with other commissioners, ombudsmen and certain public bodies—termed““permitted persons””—for the purposes of discharging his functions and assisting a permitted person in the discharge of his functions. However, we recognise that we need to tread carefully given the information that could be available to the commissioner. While it is envisaged that much of the information the commissioner will acquire in the course of his duties will be information in the public domain, some of it may be of a sensitive nature and will not be in the public domain. The commissioner’s powers to review and monitor arrangements under Clause 5 and to examine cases under Clause 9 brings with them a statutory right to information. It is likely that some of this information, in particular, will be sensitive. The Government have given the terms of the amendment very careful consideration and have concluded that, post the Data Protection Act and the Freedom of Information Act, it is preferable to provide an express power to share information for specified purposes. The effect of the amendment is to place the commissioner under a duty not to disclose information obtained by him in the discharge of his functions or obtained from other commissioners or ombudsmen other than for certain specified purposes. This prohibition, coupled with the ability to share information for certain purposes, is intended to ensure that a ““circle of confidence”” is maintained between commissioners, ombudsmen and other public bodies in the sharing of information. The Assembly is also provided with a power to add to the list of permitted persons, or omit or change the description of such a person. This could be used in the future, for example, to accommodate the creation of a new ombudsman with whom the commissioner may want to share information. I beg to move. On Question, amendment agreed to.