Commons Bill [HL]

This amendment would restrict the right conferred in Clause 19(1)(c) to inspect papers relating to applications for registration. In opposition to what the noble Duke said, we believe that such papers should be made available to the public, because they will be essential to determining the outcome of many applications facilitated by Part 1 of the Bill. For example, a successful application for correction of the register may depend on showing that an error was made in transcribing an application for registration under the 1965 Act. How might an applicant demonstrate that fact if he is denied access to the relevant papers? We recognise that many authorities already make such papers available to the public on request, but practice is not consistent, and this clause will put the matter beyond doubt. Clause 19 will in general require the disclosure of all relevant information, but regulations made under subsection (2) may nevertheless require matters to be withheld from public inspection when disclosure would be unreasonable. For example, it may be reasonable to withhold personal data that relate to applications made in the recent past, and we expect to consult in order to identify whether there should be exclusions before commencing Clause 19 generally. The amendment would achieve precisely the opposite of what we believe is the right thing to do—that is, full disclosure of historical records, which are essential to applications for amendment of the register under this new legislation, but controlled access to more contemporary data. I hope that this goes some way to persuading the noble Duke that the amendment should be withdrawn.