Protection of Freedoms Bill

My Lords, my noble friend Lady Hamwee moved Amendments 100 and spoke to Amendment 101, and the noble Lord, Lord Tunnicliffe, spoke to Amendments 102 and 112A. In the amendment that we have just dealt with, the noble Lord, Lord Rosser, complained that we knew nothing about the code. Obviously, we do not know about the code at this stage because it has not yet been prepared. Some detail is given in Clause 29 about what the code may include particular provision about; we lay it out in subsection (3), which says: "““Such a code may, in particular, include provision about””," and then goes from paragraphs (a) to (i). Subsection (4)(a) then provides that such a code also, "““need not contain provision about every type of surveillance camera system””," and subsection (4)(b) says that it, "““may make different provision for different purposes””." We have amendments from the noble Lord, Lord Tunnicliffe, dealing with that. I start by dealing with my noble friend’s amendments, which seek to extend the list of matters that may be covered by the surveillance code of practice. As I have said, subsection (3) is intended to set out a very broad framework in the Bill for which issues may be covered in the code of practice. We have deliberately adopted a very flexible framework so that the code of practice can be revised over time in the light of experience and to reflect the wide range of circumstances in which surveillance cameras are used. For these reasons, the list of matters that may be included in the code is not intended to be prescriptive. Nor is it intended to be an exhaustive or exclusive list. The nature of such non-exhaustive lists is that they inevitably attract debate as to why this or that matter has not been included. Certainly, on first seeing Amendments 100 and 101 from my noble friend, I was unsure what she had in mind. However, I am grateful for her explanation that she wanted a degree of reassurance about what might be included. She also expressed concerns about standards and how they could concern not only the competence of an operator of CCTV but whether the operator was a fit and proper person. Those standards might also apply to operational processes but the code is intended to provide a degree of advice, rather than absolute prescriptive requirements. With that reassurance in mind, I hope that the noble Baroness will accept that, as we develop the code further, we can consider her points and make sure we get it right.