The hon. Gentleman makes a reasonable point about where the emphasis should lie. If the new clause does not cater for that point sufficiently, it is because it was inspired by representations from many charities keen for progress to be made.
In Committee, I tabled an amendment to create a reserve power allowing a register of dormant accounts to be set up in the triennial report, if the scheme's reuniting practices were found to be inadequate, but the Government were reluctant to accept that reporting requirement. However, Government new clause 3 introduced a mechanism allowing for a one-off report after three years to consider how the legislation has worked out. New clause 1 is particularly appropriate given the adoption of Government new clause 3. If the report were to find that the ability to reunite charitable organisations with legacies intended for them is inadequate, new clause 1 would be all the more valuable.
In the Lords, an amendment to introduce a reserve power to create a register was narrowly defeated—this takes me to the crux of new clause 1. It had been argued that it was desirable for individuals to be able to access a register to find moneys that were rightfully theirs. Concerns were expressed, although representations were made that those concerns were unfounded, that a database that was drawn so widely and accessed by a large number of people might cause problems. New clause 1 has been drawn much more tightly to take account of those concerns.
New clause 1 seeks to give the Treasury the reserved power to create a register to allow registered charities—not any organisation, but registered charities—to search for legacies left to them. Under proposed subsection (2)(b), the register would be regulated by a registrar. Under subsection (2)(c), the search would be conducted across all dormant accounts that were registered. Subsection (2)(d) would provide the Treasury with flexibility to include other stipulations as it saw fit, and require it to consult those who were likely to be affected.
That is the essence of the proposal. I know that some concerns have been expressed, not least by the Conservative party, about whether a register would infringe people's rightful expectations about data protection. I take those concerns seriously, because I share them. However, the advice that I have heard—other Members have received these representations, too—is that the new clause tabled by me and supported by Members of all three main parties would, as worded, not cause undue concern in that regard. The charities would have limited access to information and data that they would find useful in trying to access the legacy money that I described, which is essential to them, but people's rightful expectations of privacy would not be infringed. Crucially—this is, in a way, a concession made by me and by others who share my view—that access would be restricted to registered charities only.
Some people have particular concerns. The United States, Canada and Ireland, as I understand it, all have registers as part of their dormant bank accounts initiatives, which have not been found to be susceptible to fraud and have not given rise to the type of concerns that some might have about the proposal in new clause 1. As to experience from abroad, the concession that has been made in terms of limiting charities' access to the register is an attempt to find the common ground that has typified most of our deliberations on the Bill.
I hope that for all those reasons, as well our collective desire for charities not only to raise as much money as possible but to raise money that was intended for them and for the causes that they wish to pursue, the new clause will be looked on sympathetically by Members from both sides of the House, and might even become part of the legislation.
Dormant Bank and Building Society Accounts Bill [Lords]
Proceeding contribution from
Jeremy Browne
(Liberal Democrat)
in the House of Commons on Monday, 3 November 2008.
It occurred during Debate on bills on Dormant Bank and Building Society Accounts Bill [Lords].
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