Official Secrets Act 1989 (Prescription) (Amendment) Order 2007

rose to move, That the Grand Committee do report to the House that it has considered the Official Secrets Act 1989 (Prescription) (Amendment) Order 2007. The noble Lord said: This order is made under the Official Secrets Act 1989. Under that Act, it is an offence for a Crown servant or government contractor to make a damaging disclosure of any information within particular categories which is or has been in his possession by virtue of his position, unless he has lawful authority to do so. People who are not Crown servants can be treated as such for the purposes of the Act by being designated in an order. The order before us does that for the members and employees of two separate organisations: the Nuclear Decommissioning Authority and the Independent Police Complaints Commission. I will deal with each of them in turn. First, I shall deal with the Nuclear Decommissioning Authority. One of the categories of information protected by the Official Secrets Act is that relating to defence and security, including information about nuclear technology and nuclear materials. The boards and employees of existing companies with access to such information—British Nuclear Fuels and the UK Atomic Energy Authority—are already designated under the Act. The Nuclear Decommissioning Authority is an executive non-departmental public body set up on 1 April 2005. It is responsible for the decommissioning and clean-up of the UK’s civil nuclear legacy and has responsibility for nuclear sites previously operated by British Nuclear Fuels and the UK Atomic Energy Authority. It owns the plants and facilities of British Nuclear Fuels and manages clean-up operations at the UK Atomic Energy Authority’s sites. British Nuclear Fuels and the UK Atomic Energy Authority have been restructured so that they now operate their facilities, both for clean-up and continuing commercial operations, under contract to the Nuclear Decommissioning Authority, rather than as principals. Employees of the Nuclear Decommissioning Authority therefore have access to the same information as those of British Nuclear Fuels and the UK Atomic Energy Authority. So it follows that members and employees of the Nuclear Decommissioning Authority and employees and board members of any future subsidiary should also be treated as Crown servants for the purposes of the Act. The draft order will achieve this by designating them as such. This is a necessary extension of existing designations, which will ensure the continued protection of information relating to defence and security. Additionally, the order will designate members and employees of the Independent Police Complaints Commission as Crown servants for the purposes of the Official Secrets Act. The nature of the commission’s work is such that its members and employees may have access to one or more categories of information protected by the Act, in particular information which, if disclosed, is likely to result in crime or impede the investigation or prosecution of crime. The IPCC has responsibility for, and is guardian of, the police complaints system in England and Wales. All instances of deaths or serious injury following police contact must be reported to the IPCC. It has the power to investigate independently, using its own trained investigators, or manage or supervise investigations by the police into complaints, conduct and death or serious injury recorded under the Police Reform Act 2002. When investigations have been completed, the IPCC will decide whether a file should be submitted to the Director of Public Prosecutions for a decision about prosecuting serving police officers. The IPCC also has the power to recommend or direct that disciplinary action is taken against police officers when there is a case to answer. In discharging these responsibilities, the IPCC commissioners and employees become the holders of confidential and sensitive information that must be used appropriately, particularly where criminal action may potentially be taken. Leaks of such information could prejudice criminal proceedings, either against the officer concerned or against others, and could involve the disclosure of information about police techniques which could prejudice future police operations. While there is a legitimate public interest in the accountability of police forces and their officers for their actions, the interests of justice cannot be served if such information is used inappropriately. In order to conduct effective investigations, the IPCC needs to maintain the trust and confidence of the public and the police service. Witnesses to serious incidents, whether from within the police service or the public, may be reluctant to provide evidence if they do not have the confidence that such information will be appropriately protected. Bringing the IPCC commissioners and staff under the Official Secrets Act 1989 will provide reassurance that there is a strong deterrent to unauthorised disclosure of information given in confidence to the IPCC. It is therefore appropriate and necessary to put the IPCC under the same duty of confidentiality as applies to Crown servants under the Official Secrets Act 1989. The draft order will achieve this by designating members and employees of the IPCC as Crown servants. Crucially, the IPCC has requested this change. Additional categories of ““Crown servant”” were last designated in 2003, when subsidiaries of Urenco, the uranium enrichment company, were added to the list. The noble Baroness, Lady Anelay, agreed at that time that references within the Official Secrets Act had to be kept up to date. The order will do that, taking into account the responsibilities which the Nuclear Decommissioning Authority has taken on and ensuring the effectiveness of the restructured police complaints procedure under the IPCC. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Official Secrets Act 1989 (Prescription) (Amendment) Order 2007. 19th report from the Statutory Instruments Committee.—(Lord Evans of Temple Guiting.)