UK Parliament / Open data

Data Protection Bill [HL]

Lords report stage third day (part one of two). New clause (Duty to support small organisations) discussed and withdrawn. New clause (Code on personal data of national significance) agreed. New clause (Age appropriate design code) agreed. New clause (Records of national security certificates) agreed. New clause (Inquiry into issues arising from data protection breaches committed by or on behalf of news publishers) agreed to on division (238 to 209).New clause (Approval of first guidance about regulatory action) agreed. New clause (Publishers of news-related material: damages and costs) agreed to on division (211 to 200). Amendment 107B agreed to on division (235 to 204). Amendments 90, 97, 99, 103 to 105, 108 to 116, 118, 120 to 124, 127A, 130 to 131, 133 to 136, 138 to 150 agreed to.

About these Parliamentary proceedings

Reference

788 cc192-251 

Session

2017-19

Legislative stage

Report stage

Procedure

New clauses

Chamber / Committee

House of Lords chamber
Delegated Powers and Regulatory Reform Committee sixth report.
Wednesday, 18 October 2017
Parliamentary committees
House of Lords
Data Protection Bill (HL) 2017-19. As amended in Committee.
Wednesday, 22 November 2017
Bills
House of Lords
Delegated Powers and Regulatory Reform Committee ninth report.
Wednesday, 6 December 2017
Parliamentary committees
House of Lords
Data Protection Bill [HL]
Wednesday, 10 January 2018
Parliamentary proceedings
House of Lords

Show all related items (7)
Deposited Paper DEP2018-0028
Wednesday, 22 November 2017
Deposited papers
House of Lords
Deposited Paper DEP2018-0099
Thursday, 11 January 2018
Deposited papers
House of Lords
Deposited Paper DEP2018-0121
Thursday, 8 February 2018
Deposited papers
House of Lords

Proceeding contributions

Lord Fowler | 788 c192 (Link to this contribution)

We are making great progress on this Bill.

Clause 25: National security: certificate

Lord Ashton of Hyde | 788 cc192-3 (Link to this contribution)

Moved by

Lord Ashton of Hyde

90: Clause 33, page 20, line 24, leave out “by adding, v...


Show all contributions (103)
Lord Ashton of Hyde | 788 c193 (Link to this contribution)

Moved by

Lord Ashton of Hyde

97: Clause 79, page 47, line 12, at end insert—

“(...

Lord Ashton of Hyde | 788 c193 (Link to this contribution)

Moved by

Lord Ashton of Hyde

99: Clause 84, page 49, line 17, leave out “by adding, v...

Lord Ashton of Hyde | 788 c194 (Link to this contribution)

Moved by

Lord Ashton of Hyde

103: Clause 111, page 61, line 21, leave out subsections...

Lord Puttnam | 788 c194 (Link to this contribution)

Moved by

Lord Puttnam

103A: Schedule 12, page 184, line 4, at end insert “and such re...

Lord Puttnam | 788 cc194-5 (Link to this contribution)

My Lords, the last time I cleared a room like this, it was a very bad film indeed.

Amendmen...

Lord Ashton of Hyde | 788 c195 (Link to this contribution)

My Lords, it might be for the convenience of the House if I speak now as I have some information ...

Lord Puttnam | 788 c195 (Link to this contribution)

I thank the noble Lord, who has been extraordinarily generous with his time. He and his officials...

Lord Ashton of Hyde | 788 c196 (Link to this contribution)

Moved by

Lord Ashton of Hyde

104: Clause 113, page 62, line 3, at end insert—

“...

Lord Ashton of Hyde | 788 c196 (Link to this contribution)

Moved by

Lord Ashton of Hyde

105: Clause 114, page 63, line 2, at end insert “(and se...

Baroness Neville-Rolfe | 788 c196 (Link to this contribution)

Moved by

Baroness Neville-Rolfe

106: After Clause 114, insert the following new Claus...

Baroness Neville-Rolfe | 788 cc196-7 (Link to this contribution)

My Lords, we have had something of a break, so perhaps I should remind the House what lies behind...

Lord Clement-Jones | 788 cc197-8 (Link to this contribution)

My Lords, I rise briefly to support the noble Baroness, Lady Neville-Rolfe, in her amendment. She...

Earl of Erroll | 788 c198 (Link to this contribution)

I just want to ask briefly whether small organisations will also include clubs and societies. I d...

Lord Carlile of Berriew | 788 c198 (Link to this contribution)

My Lords, I have been involved from time to time in the creation of very small charities of a loc...

Lord Marlesford | 788 c198 (Link to this contribution)

My Lords, I rise to support strongly my noble friend Lady Neville-Rolfe in these amendments, part...

Lord Deben | 788 cc198-9 (Link to this contribution)

My Lords, to add to what my noble friend Lord Marlesford said, in small villages, a small number ...

Lord Stevenson of Balmacara | 788 c199 (Link to this contribution)

My Lords, the noble Lord, Lord Deben, said that a small number of people do everything in small c...

Lord Ashton of Hyde | 788 cc199-200 (Link to this contribution)

My Lords, I am grateful to all noble Lords who have spoken. I begin by thanking my noble friend L...

Lord Storey | 788 c200 (Link to this contribution)

While the Minister is responding on this issue—I was not allowed to move Amendment 87A because so...

Lord Ashton of Hyde | 788 cc200-2 (Link to this contribution)

We were going to have a debate on that—I gather that the Liberal Democrats did not want to bring ...

Lord Clement-Jones | 788 c202 (Link to this contribution)

My Lords, can the Minister explain what the trigger is for the payment of the fees?

4.15 pm...

Lord Ashton of Hyde | 788 c202 (Link to this contribution)

A charge will need to be paid if you are the data controller.

Lord Clement-Jones | 788 c202 (Link to this contribution)

That is not what I meant. That is not a trigger; it is notification by the data controller.

Lord Ashton of Hyde | 788 c202 (Link to this contribution)

If you process and control data, you will need to make a notification to the data commissioner. I...

Lord Clement-Jones | 788 c202 (Link to this contribution)

But that is very close to registration, my Lords.

Lord Ashton of Hyde | 788 cc202-3 (Link to this contribution)

Exactly, so my point, which I was coming to but which the noble Lord has very carefully made for ...

Baroness Neville-Rolfe | 788 c203 (Link to this contribution)

I thank the Minister for going into the issues in such detail, and for the support that is now be...

Lord Ashton of Hyde | 788 c204 (Link to this contribution)

We are keen that the Information Commissioner be independent and is seen to be independent, and I...

Baroness Neville-Rolfe | 788 c204 (Link to this contribution)

On that basis, I am happy to beg leave to withdraw my amendment.

Lord Mitchell | 788 c204 (Link to this contribution)

Moved by

Lord Mitchell

107B: Schedule 13, page 186, line 23, at end insert—

“(j...

Lord Mitchell | 788 cc204-6 (Link to this contribution)

My Lords, I will also speak to Amendment 108. The points I am addressing were glossed over in Com...

Lord Clement-Jones | 788 c205 (Link to this contribution)

My Lords, I want briefly to express sympathy with the noble Lord, Lord Mitchell. I share many of ...

Lord Stevenson of Balmacara | 788 cc205-7 (Link to this contribution)

My Lords, in earlier amendments I have tried to interest the Government in the idea of establishi...

Lord Ashton of Hyde | 788 cc207-8 (Link to this contribution)

My Lords, I am grateful to the noble Lord, Lord Mitchell, for taking the time to come and see me ...

Lord Mitchell | 788 c208 (Link to this contribution)

My Lords, I thank all noble Lords for their contributions to this short debate. I also thank the ...

Lord Mitchell | 788 c212 (Link to this contribution)

Moved by

Lord Mitchell

108: Before Clause 119, insert the following new Clause—

Baroness Kidron | 788 cc212-3 (Link to this contribution)

Moved by

Baroness Kidron

109: After Clause 120, insert the following new Clause—

<...
Lord Ashton of Hyde | 788 c213 (Link to this contribution)

Moved by

Lord Ashton of Hyde

110: Clause 121, page 66, line 13, leave out “or 120” an...

Lord Ashton of Hyde | 788 c213 (Link to this contribution)

Moved by

Lord Ashton of Hyde

116: Clause 122, page 67, line 5, leave out “or 120(2)” ...

Baroness Williams of Trafford | 788 c214 (Link to this contribution)

Moved by

Baroness Williams of Trafford

118: After Clause 125, insert the following ne...

Baroness Williams of Trafford | 788 cc214-5 (Link to this contribution)

My Lords, government Amendment 118 responds to an amendment tabled in Committee by the noble Baro...

Lord Paddick | 788 c215 (Link to this contribution)

Tabled by

Lord Paddick

118A: After Clause 125, in subsection (4), after “if” insert “...

Lord Paddick | 788 c215 (Link to this contribution)

My Lords, we are very grateful to the Government for introducing Amendment 118. We still believe ...

Lord Stevenson of Balmacara | 788 c215 (Link to this contribution)

My Lords, my noble friend Lord Kennedy is not available at the moment. He is occupied with a pers...

Lord Ashton of Hyde | 788 cc215-6 (Link to this contribution)

Moved by

Lord Ashton of Hyde

119: Clause 126, page 68, leave out lines 26 to 35 and i...

Lord Ashton of Hyde | 788 c216 (Link to this contribution)

Moved by

Lord Ashton of Hyde

120: Clause 127, page 69, line 1, leave out from “Commis...

Lord Ashton of Hyde | 788 c216 (Link to this contribution)

Moved by

Lord Ashton of Hyde

126: Clause 133, page 72, line 12, leave out from “appro...

Baroness Hollins | 788 cc216-7 (Link to this contribution)

Moved by

Baroness Hollins

127A: Before Clause 137, insert the following new Clause—

Baroness Hollins | 788 cc217-220 (Link to this contribution)

My Lords, some in this Chamber have taken the view that the Leveson agreement, which united all p...

Earl Attlee | 788 cc220-2 (Link to this contribution)

My Lords, I have Amendment 147 and the consequential Amendments 148 and 216 in this group. It may...

Viscount Hailsham | 788 c221 (Link to this contribution)

Before my noble friend moves on, would he care to tell your Lordships why he is making a serious ...

Earl Attlee | 788 cc221-3 (Link to this contribution)

My noble friend makes an excellent point, which I shall come to in a moment.

The third clai...

Lord Lester of Herne Hill | 788 c223 (Link to this contribution)

Is the noble Earl aware that there are some, including myself, who believe that Section 40 is unl...

Earl Attlee | 788 c223 (Link to this contribution)

There is a simple answer to that—the noble Lord should test that in the courts and test it in Eur...

Lord Pannick | 788 cc223-5 (Link to this contribution)

My Lords, I am very grateful to the noble Earl for mentioning one of the many cases over the year...

Baroness Kennedy of the Shaws | 788 c225 (Link to this contribution)

My Lords, it is such a relief to hear the noble Lord, Lord Pannick, admit to the House, as he did...

Lord Paddick | 788 cc225-6 (Link to this contribution)

My Lords, I declare an interest. When I was a commander in the Metropolitan Police service, my pe...

Viscount Hailsham | 788 c226 (Link to this contribution)

My Lords, I will speak briefly, both to the proposed new clause in the amendment moved by the nob...

Lord Cunningham of Felling | 788 c226 (Link to this contribution)

The noble Viscount said a few moments ago that we do not need an inquiry because we have all the ...

Viscount Hailsham | 788 c227 (Link to this contribution)

But the irony is that if we have a new inquiry, we will postpone the moment when the Government c...

Earl Attlee | 788 c227 (Link to this contribution)

Of course, my amendments are entirely modelled on Section 40 of the Crime and Courts Act, which P...

Viscount Hailsham | 788 c227 (Link to this contribution)

That may be so, but Parliament makes errors, and this House is in the business of looking again a...

Lord Lipsey | 788 cc227-8 (Link to this contribution)

My Lords, I am one of those who backed the amendment of the noble Baroness, Lady Hollins, and I w...

Lord Black of Brentwood | 788 cc228-9 (Link to this contribution)

My Lords, I hope that for the last time on this Bill I declare my interest as executive director ...

Earl Attlee | 788 c229 (Link to this contribution)

And how many cases has it arbitrated?

Lord Black of Brentwood | 788 cc229-231 (Link to this contribution)

The scheme has only just come in following a pilot, so we need to give it a bit of time to see wh...

Lord Black of Brentwood | 788 cc231-2 (Link to this contribution)

I hear noble Lords disagreeing, but I have to tell them that it is true. If you are a struggling ...

Lord Brown of Eaton-under-Heywood | 788 cc232-3 (Link to this contribution)

My Lords, I too oppose the amendments in this group. I want to focus particularly on Amendment 14...

Lord Lester of Herne Hill | 788 c233 (Link to this contribution)

I wonder whether I will win the sympathy of the House by saying that I am not going to make a spe...

Lord Falconer of Thoroton | 788 c234 (Link to this contribution)

My Lords, I came intending to support the amendment of the noble Baroness, Lady Hollins, asking i...

Viscount Hailsham | 788 c234 (Link to this contribution)

The point is not that everything is right. We accept that it is not, but the facts are already kn...

Lord Falconer of Thoroton | 788 c234 (Link to this contribution)

I disagree with what the noble Viscount, Lord Hailsham, says—namely, that the facts are already k...

Lord Lester of Herne Hill | 788 c234 (Link to this contribution)

I just to make something quite clear. I hope that the noble and learned Lord is not suggesting th...

Lord Falconer of Thoroton | 788 cc234-5 (Link to this contribution)

This is the crux of the position. Now that it seems to be accepted that things are not okay, if t...

Lord Pannick | 788 c235 (Link to this contribution)

I am not suggesting that breaches do not occur; I am not an apologist. My position is that if and...

Lord Falconer of Thoroton | 788 cc235-6 (Link to this contribution)

I have two comments to make in response. First, the Leveson 2 inquiry was promised. As I understa...

Baroness Butler-Sloss | 788 c236 (Link to this contribution)

My Lords, I was not going to speak, but I feel impelled to do so. I have no time for the media. I...

Lord Finkelstein | 788 cc236-7 (Link to this contribution)

My Lords, I first declare my interest as a Times columnist. Perhaps I may also start by thanking ...

Lord McNally | 788 cc237-8 (Link to this contribution)

My Lords, I am not a lawyer or journalist. If I was to describe myself as anything it is a jobbin...

Lord Stevenson of Balmacara | 788 cc238-240 (Link to this contribution)

My Lords, I sense that the House wishes to move on, to hear from the Minister and move to the ine...

Lord Keen of Elie | 788 cc240-2 (Link to this contribution)

My Lords, the Government recognise that there is great deal of passion and genuine concern on all...

Baroness Hollins | 788 cc242-4 (Link to this contribution)

My Lords, I am grateful to the Minister for his thoughtful response and to noble Lords who have s...

Lord Ashton of Hyde | 788 c243 (Link to this contribution)

Moved by

Lord Ashton of Hyde

130: Clause 142, page 79, line 2, at end insert “to comp...

Lord Ashton of Hyde | 788 c243 (Link to this contribution)

Moved by

Lord Ashton of Hyde

133: Clause 148, page 82, line 40, after “failures” inse...

Lord Ashton of Hyde | 788 c248 (Link to this contribution)

Moved by

Lord Ashton of Hyde

138: Clause 152, page 84, line 40, leave out subsection ...

Lord Ashton of Hyde | 788 c248 (Link to this contribution)

Moved by

Lord Ashton of Hyde

139: Clause 153, page 85, line 27, leave out “prepared” ...

Lord Ashton of Hyde | 788 c248 (Link to this contribution)

Moved by

Lord Ashton of Hyde

144: After Clause 153, insert the following new Clause—<...

Lord Ashton of Hyde | 788 c249 (Link to this contribution)

Moved by

Lord Ashton of Hyde

145: Clause 159, page 89, line 15, leave out from “compe...

Lord Ashton of Hyde | 788 c249 (Link to this contribution)

Moved by

Lord Ashton of Hyde

146: Clause 160, page 90, line 3, leave out from “loss” ...

Earl Attlee | 788 c249 (Link to this contribution)

Moved by

Earl Attlee

147: After Clause 160, insert the following new Clause—

“P...

Earl Attlee | 788 c250 (Link to this contribution)

My Lords, I am extremely grateful to all noble Lords who have contributed to these exceptionally ...

Lord Bassam of Brighton | 788 c250 (Link to this contribution)

We have had the debate already. We should now move to the vote.

Lord Finkelstein | 788 c250 (Link to this contribution)

I am just asking a question, although I thank the noble Lord for his advice. There is a consequen...

Earl Attlee | 788 c251 (Link to this contribution)

My Lords, my noble friend is in order.

Lord Finkelstein | 788 c251 (Link to this contribution)

What would my noble friend’s reaction be if the inquiry that we have just voted for determined th...

Earl Attlee | 788 c251 (Link to this contribution)

My Lords, the answer to that question is simple, and applies to Section 40. If the Government det...

Lord Ashton of Hyde | 788 c251 (Link to this contribution)

Moved by

Lord Ashton of Hyde

149: Clause 161, page 90, line 18, after “court” insert ...

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