I am not in a position to answer that question, I am afraid. I shall have to write to the noble Lord.
I can now confirm that coroners’ inquests will not preclude an offensive weapons homicide review.
In homicide cases where there is an inquest, its purpose would not be to provide the same in-depth review as an offensive weapons homicide review, which will identify points of failure, lessons learned and opportunities to intervene, which will help partners tackle homicide locally and nationally. Due to this, we do not consider that the amendment is necessary. I may have already said that, in which case I apologise. In fact, I have said that; I shall move on to Amendment 76.
Amendment 76 relates to information sharing in relation to confidentiality obligations and data protection in Clause 29. To review the circumstances leading up to a homicide involving an offensive weapon, to identify lessons and produce recommendations that will have a meaningful impact and save lives, the review will undeniably need to be able to access and consider information and material relevant to the homicide. Such information may include information about the victim or the alleged perpetrators or perpetrator. It may relate to their interactions with police forces, social services, health practitioners, educational institutions, employers or third-sector organisations. It may relate to information about their known associates.
It is not for the Government to determine what information is relevant. That will be for the review partners. I was asked by the noble Lord, Lord Ponsonby, about the High Court proceedings. That issue is dealt with in Clause 29, which sets the terms on which disclosures of information required or authorised by Clauses 26 to 28 may be made. I do not have precise details on the High Court proceedings but I will come back to the noble Lord, if that is all right. Clause 28 includes a power enabling review partners to provide information to another review partner for the purpose of enabling or assisting the review partners to arrange and carry out an offensive weapons homicide review.
I have mentioned review partners a number of times and it is worth digressing briefly to attempt to answer the question of the noble Lord, Lord Paddick,
about the backstop, effectively—what happens if there is no review partner? That is not possible because in cases where there is no relevant review partner, the regulations also allow for the Secretary of State to be given the power to direct which partners are the relevant ones. I hope that answers his specific question.
Clause 28 also includes a power for review partners to require information from other persons. However, review partners may request information under this power only for the purposes of enabling or assisting review partners to arrange and carry out an offensive weapons homicide review, and the request may be made only to a person whom the review partner considers likely to have such information. The scope of the information that might be requested, and who it might be requested from, is therefore limited.
This power does not, however, affect the availability of any other duties or powers to share information such as existing lawful routes for information to be shared for safeguarding purposes or for the purposes of the detection and prevention of crime. As currently drafted, the provisions in the Bill ensure that relevant information may be disclosed, and such disclosure would not breach existing obligations of confidence, but any disclosure must still abide by the data protection legislation—that is, the Data Protection Act 2018 and regulations made under that Act, the UK General Data Protection Regulation, regulations implementing the GDPR and the law enforcement directive—and must not be prohibited by specified provisions of the Investigatory Powers Act. For example, where personal data is subject to the UK General Data Protection Regulation, that regulation sets out the principles, rights and obligations that apply to the processing of personal data, including exemptions from particular provisions that can apply in certain circumstances, as set out in Schedules 2 to 4 to the Data Protection Act 2018—for example, in the prevention and detection of crime.
Additionally, Clause 29 provides that a person cannot be required by Clause 28 to disclose information that they could not be compelled to disclose in proceedings before the High Court, meaning that information that is subject to legal professional privilege cannot be required to be disclosed. Due to those safeguards, we do not feel that Amendment 76 is necessary.
I should also like to confirm that we have consulted the Information Commissioner’s Office throughout the development of these provisions and will continue to engage with it as we develop guidance and prepare to pilot these reviews. We consider the information-sharing provisions in Chapter 2 of Part 2 necessary to facilitate an effective multiagency approach to preventing and reducing homicide and serious violence.
Amendment 77 would ensure that guidance under Clause 31 is laid before Parliament. The statutory guidance provided for in Clause 31 will assist the review partners in understanding the statutory responsibilities placed on them, as well as providing best practice on how to fulfil those responsibilities. Among other things, the guidance will provide further information on the notification requirements, the conduct of reviews, the content of the final report and information sharing.
We intend to publish an outline draft of the guidance document to allow time for further development before consulting on the guidance, as required by Clause 31. The guidance document will be finalised and published ahead of the pilot commencing.
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As I have mentioned the pilot, I will take this opportunity to confirm that we have reached agreement with local leaders in London, the West Midlands and Wales that several authorities in these areas will take part in the pilot of offensive weapons homicide reviews. They were chosen to provide insight from places with differing levels of homicide and serious violence in both England and Wales. We are working with local leaders and partners in these areas on the design and pilot, and further details will be provided in due course.
Returning to the specific matter of the guidance, I can confirm that the guidance document will be published on GOV.UK and be available for everyone, so that families, friends, the public and organisations which have an interest in an offensive weapons homicide review can understand what to expect from such a review. As to whether the guidance should also be laid before Parliament and subject to parliamentary scrutiny, we note the recommendation made by the Delegated Powers and Regulatory Reform Committee in this regard. We are considering carefully that committee’s report and will respond ahead of the next stage of the Bill.
In conclusion, I am happy to consider Amendment 77 further, but I hope that I have persuaded the noble Lord that Amendments 75 and 76 are unnecessary and that, accordingly, he is content to withdraw Amendment 75.