My Lords, I support the Government's amendments that have responded to a great degree to the debates we had on the amendments that I moved in Committee, in particular, the debate on Amendment No. 114A, which can be found in Hansard for 26 March at cols. 142 to 146. I shall not abuse Report by repeating the arguments, particularly when the Minister has given a helpful explanation of the objectives of the government amendments and the route by which they have been tabled.
I would be completely satisfied if the Government were to bring forward an amendment that gives the Information Commissioner the right to initiate assessments of his own volition. However, that has to wait until Third Reading but, I hope, no longer.
Amendment No. 105 is most welcome. It allows the Audit Commission to publish reports on the data-matching exercises that it conducts. We think that is an essential part of public accountability and transparency. The Minister said that it is good practice put into statute. We think that the Government are right to add to the existing duty on the Audit Commission the duty to produce, have regard to and maintain, by way of updates, the code of data-matching practice.
Amendment No. 108 requires the Audit Commission to consult the Information Commissioner before producing the code of practice and to do so when and if it amends it. That is particularly welcome and is a more proper way forward than the solution in my Amendments Nos. 106 and 107. Having had the opportunity to meet the Information Commissioner, I understand why he would say that the government amendment is appropriate whereas he might feel that my Amendments Nos. 106 and 107 would impose a duty upon him that would not fit with his independence of action. I accept that the Government's amendments are superior to mine.
Amendment No. 109 is particularly welcome because it provides for parliamentary accountability-to a limited degree, it is true-by requiring the Secretary of State to lay the code before Parliament. The Audit Commission will have to publish the code from time to time, which is important because it means that this House and another place will have a continuing ability to exercise their scrutiny. Throughout our debates on the Bill, noble Lords have spoken about how information technology is developing. The Government often use that argument as a reason for wishing to have flexibility in legislation, but it is an argument for Parliament having continuing scrutiny of measures that may have to develop in different ways to meet new needs in future.
We support the Government's amendments and will not be moving Amendments Nos. 106 and 107.
Serious Crime Bill [HL]
Proceeding contribution from
Baroness Anelay of St Johns
(Conservative)
in the House of Lords on Monday, 30 April 2007.
It occurred during Debate on bills on Serious Crime Bill [HL].
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