Serious Crime Bill [HL]

The amendment in the name of the noble Baroness, Lady Anelay, and the noble Lord, Lord Henley, suggests that the Audit Commission’s code of practice be subject to the approval of the Information Commissioner and the approval of both Houses by affirmative resolution. On the face of it, that is a reasonable proposition. As a regulator, the Information Commissioner does not formally approve or agree codes of practice, as it is crucial that he retains his independence. Bodies drafting such codes are instead encouraged to consult the Information Commissioner on the contents of that code; that is what the Audit Commission does. Indeed, the Information Commissioner provided a foreword to the current code of practice which the Audit Commission has prepared for its national fraud initiative. The Information Commissioner already has a comprehensive range of powers on the bodies that will be sharing or matching data and the work that they undertake. He can make assessments as to whether or not they are complying with any of their duties under the Data Protection Act. He can issue notices requiring these bodies to furnish him with any information he may specify for that purpose. He also has enforcement powers to rectify incidents of non-compliance, and the ability to prosecute individuals for offences under the Act. Adequate safeguards are in place, with the combined effects of the Data Protection Act and the regulatory regime of the Information Commissioner, the European Convention on Human Rights and the additional safeguards which have been incorporated into these provisions. The noble Lord, Lord Henley, made a point about a conflict of interest with the commission drafting its own code. It is common practice for bodies to prepare their own codes, which the Information Commissioner encourages. He actively involves himself in existing voluntary codes and will quickly say if one is not up to scratch or he is dissatisfied with its drafting. The Information Commissioner provides helpful guidance in that regard. Amendment No. 114A, proposed by both opposition Benches, suggests that there should be a specific statutory duty on the Audit Commission to consult with the Information Commissioner when preparing the code of data-matching practice. We have earlier had considerable discussion on Section 51 of the Data Protection Act, which requires the Information Commissioner to promote both good practice and the observance of the requirements of that Act. He has a duty to prepare codes of practice where he considers it appropriate and is therefore already charged with regulation in this area. It is therefore preferable to leave this matter to the good sense and operational effects of the Information Commissioner’s work, who the Audit Commission would always seek to consult. On this basis, the amendment is unnecessary. Consultation will be undertaken in any event. The oversight and safeguards noble Lords seek on governing the data sharing and matching already exist, so we hope that the amendments can be withdrawn.