My Lords, I will speak to Amendment 440A in my name. This amendment is intended to draw attention to a recommendation by
the Constitution Committee, of which I am a member, in its report on the Bill. Part 11, of which Clause 207 forms part, gives power to the Secretary of State to make regulations requiring the provision of information on transactions and other dealings in land if the Secretary of State considers
“that the information would be useful”
to identify the owners of the land and those with the right
“to control or influence … the owner of a relevant interest in land”.
Clause 207(1) states that these regulations may also provide for
“the sharing of such information with persons exercising functions of a public nature, for use for the purposes of such functions”.
Clause 207(3), to which my amendment is directed, addresses the risk, which is understandable, that there may be an inaccuracy or omission in the information that is provided, arising from the sharing or publication of this information. It states:
“No civil liability is to arise from the sharing or publication of information under regulations under this section by reason of any inaccuracy or omission in the information as provided further to a requirement imposed under section 204 or 205”.
The question then is: who needs this protection? As the Constitution Committee understood it, the intention of this clause is to give that protection to the persons to whom that information has been provided by the Secretary of State. That is because they are the people who will be required by the regulations to share or publish that information. It is obviously desirable that they should have that protection against civil liability if the information that they have been required to share or publish by reason of these regulations is misleading or inaccurate.
It is on that understanding that the suggestion was made by the committee that Clause 207(3) should be more tightly defined in the interests of legal certainty. The suggestion is that it should make it clear that our understanding is correct. That would be achieved if the words
“as respects those persons to whom the information is provided”
were inserted into the clause. As the clause stands, it might be thought to extend the protection further down the line as the information is shared more widely by persons who are doing this not because they are required to do it by the regulations but for some other reason, which may be unrelated to the regulations themselves. However, if it is the intention that the protection should extend that far, the committee suggests that the wording of this provision should be looked at again to make this clear.
I hope this explanation for the amendment may be helpful. It is intended to assist the Government and make it absolutely plain how far the protection the subsection is intended to give should extend.