Wednesday 16th December 2020
(3 years, 11 months ago)
Commons ChamberTrade (Disclosure of Information) Act 2020 Read Hansard Text Amendment Paper: Committee of the whole House Amendments as at 16 December 2020 - (16 Dec 2020)
This text is a record of ministerial contributions to a debate held as part of the Trade (Disclosure of Information) Act 2020 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Trade Policy (Greg Hands)
I beg to move, That the Bill be now read a Second time.
The UK will regain full control of its borders at the end of the transition period on 31 December. Irrespective of the ongoing negotiations with the European Union regarding a free trade agreement, the Government have been clear that there will be additional requirements for people and goods travelling to the EU. Since the Trade Bill is unlikely to pass and receive Royal Assent before the new year, we need to ensure that there is no gap in the Government’s ability to share the information that we already collect and hold in order to mitigate any temporary friction from the end of the transition period. That is what this Bill achieves, replicating the Government amendments made to the Trade Bill—clauses 8 to 10 —which is currently passing through the other place. These powers are critical to support the use and sharing of trade-related data between Government Departments and public bodies. They will ensure that there is no lapse in their ability to do this at the end of the transition period before the Trade Bill achieves Royal Assent.
In summary, the Bill will allow the effective use of Government data to ensure the smooth flow of people, goods and services after the end of the transition period. The Cabinet Office’s border and protocol delivery group—the BPDG—is leading work to ensure that our borders are robust and efficient, establishing a borders operations centre to monitor and manage flow through the border and support mitigation of any disruption.
Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
The Bill is relatively uncontroversial. However, the flow of information in itself will not be enough to deal with the situation we are likely to face in the new year. How concerned is the Minister by the Select Committee on Welsh Affairs’ report that the Welsh ports, in particular, are at an unacceptable risk of not being ready for whatever faces them at the beginning of next year?
Greg Hands
I thank the hon. Gentleman for that intervention, which was well put. I appeared before the Welsh Affairs Committee as part of its inquiry, and I read its report in some detail at the weekend. We are working flat out across Government to ensure that all our borders and ports are ready. It is the purpose of the borders and protocol delivery group and of the borders operation centre to make sure that we are ready. We are confident that we have done everything we can to ensure that we are ready on our borders for 1 January, but I have read the report and I noted what it had to say. The Government will be responding in due course.
These powers are critical to support the use and sharing of data related to trade. As I mentioned, a border operations centre will monitor and manage flow through the border and support the mitigation of any disruption. To facilitate that, the Bill will ensure that the Government make the best use of the data they already collect and hold, and reduce inefficiencies and bureaucracy for business. It will support better services by permitting data on the flow of international trade to be shared and analysed, and by helping to identify and resolve the root cause of disruption. It will allow the Government to use data more effectively to plan new controls at the border, ensuring that security is maintained, that new requirements are introduced seamlessly and that any temporary friction is mitigated.
We recognise that the Bill has been proposed on an expedited schedule, and that hon. and right hon. Members attach great importance to data security, so I would like to reassure the House that the Bill contains measures to ensure that the permitted use of the data it facilitates is discretionary and specific. The Bill does not create any additional powers to collect data, and it applies only to the public bodies specified and only where those public bodies are satisfied that the data use would support a Ministers’ functions relating to trade. It creates an offence of unlawfully disclosing information, and ensures that data sharing remains subject to general data protection regulation and Data Protection Act protection. Regarding the expedited schedule, I should emphasise that all these measures have already been subject to substantive scrutiny in both Houses during the passage of the Trade Bill, through the relevant clauses, without further amendment. The Bill also contains a sunset clause, which will ensure consistency with the powers being delivered through the Trade Bill.
Clause 2(9) provides the power for a Minister of the Crown to add public authorities to the data-sharing gateway. As this power would include the ability to add devolved Ministers, it has the potential to alter the executive competence of devolved Administrations. In accordance with the Sewel convention, we are seeking consent from the devolved legislatures, and I have written to Ministers in Wales, Scotland and Northern Ireland to begin this process.
Jonathan Edwards
I am grateful to the Minister for giving way, and I apologise for intervening on him once again. Is that the reason that the Welsh Government are not specifically included in clause 2? Are the Government waiting for the legislative consent motion to go through, after which the Welsh Government would be included as one of the groups that would be part of the data sharing? What is the reason for the Welsh Government not being included in clause 2?
Greg Hands
Actually, I will have breaking news. I think that the Welsh Government have given legislative consent to the Bill this morning. Secondly, we have very good and constructive engagement with the Welsh Government, particularly with Baroness Eluned Morgan in the other place. I might add that we did not have that constructive engagement actually in the other place, but via Zoom. We have had very constructive engagement with the Welsh Government to ensure that we have the ability to work together to manage these aspects. Trade is obviously a reserved power, but it has an impact on devolved competences. For example, the management of highways around ports is firmly in an area of devolved competence, so making sure that the two Governments can work together is extremely important.
During the passage of the Trade Bill, we have undertaken a significant programme of ministerial and official-level engagement with the devolved Administrations. That has enabled us to respond to requests, including those related to data-sharing gateways, to assist them with their devolved functions. As the Trade (Disclosure of Information) Bill replicates clauses in the Trade Bill, I will be making the same two commitments to the devolved Administrations on data sharing that we made during Committee of the Trade Bill in the other place.
First, the data shared under clause 2 will be used by the border operations centre being established by the Cabinet Office to develop strategic insights about the flow of trade and functioning of the border. The Cabinet Office is committed to sharing strategic analysis related to flow of trade where it will support the more effective management of flow through the border. The Cabinet Office will continue to work closely with devolved Administrations to ensure that relevant analysis and information can be shared to support devolved functions relating to trade and management of the border. Secondly, the UK Government commit to consulting the devolved Administrations before any devolved authorities are added to the list of specified authorities that can share data under clause 2.
Regarding the expedited schedule that we are using today, I should emphasise that all these measures have already been subject to substantive scrutiny in both Houses during the passage of the Trade Bill through the relevant clauses, without further amendment. As I said, the Bill contains a sunset clause, which will ensure consistency with the powers being delivered through the Trade Bill.
This Bill is necessary to ensure that Government can use this information properly to minimise disruption at the border following the end of the transition period. It is limited in scope and contains specific safeguards to prevent inappropriate or excessive use of data. It is a procedural but vital Bill to support readiness for the UK to take back control of its borders, minimise any temporary disruption to the flow of people and goods, and support the development of smart processes and frictionless trade that will support businesses and citizens alike. That will, in turn, underpin the delivery of a world- class border fit for the UK’s future as an independent trading nation, protecting our country, strengthening our economy and growing our international trade. I commend the Bill to the House.
Greg Hands
To respond to what I think has been a very constructive debate on Second Reading of this Bill, can I first welcome the tone that has been set? The hon. Member for Sheffield Central (Paul Blomfield) and his neighbour—I think she must be his neighbour—the hon. Member for Sheffield, Hallam (Olivia Blake), made similar points about the passage of the Bill. I have to say that nobody, I think, would be more pleased than I to see the Trade Bill finally reach Royal Assent, as during my previous time at the Department I was here at the Dispatch Box introducing that Bill in the spring of 2017. I am told that the overall passage of the Trade Bill then and now has involved some 130 hours of scrutiny and debate. The hon. Member for Glenrothes (Peter Grant), who did preface his remarks by saying he had not been here to debate for some time, and I understand his reasons for that, may have implied there had been insufficient scrutiny of some of these measures. I can reassure him that there has been very extensive scrutiny. But I do say a couple of things.
Peter Grant
I am grateful to the Minister for giving way. Could I just correct his understanding of what I said? I made it perfectly clear that I appreciated that this Bill in another way has had significant scrutiny. My concern is that there might be other emergency legislation on its way through the pipeline that we will not have time to give sufficient scrutiny. That was the point I was making.
Greg Hands
I appreciate the hon. Member’s clarification. It certainly is not my job to outline whatever other legislation may be out there. That would be entirely a matter for the Leader of the House of Commons, who, as we know, made a statement on other legislation earlier this week.
The Member speaking for the Opposition, the hon. Member for Sheffield Central, says that he supports the Bill, he supports the continuity agreements, he supports its procurement measures, he supports the trade defences, he supports the data sharing—but he has used every available opportunity to vote against the Bill. He voted against it on Second Reading, he voted against it on Third Reading and it has been voted against at every available opportunity by the official Opposition and by the Scottish National party as well. He says that the concern is that we might kick the Trade Bill into the long grass. No, we very much want the Trade Bill to get Royal Assent as soon as possible. It has very important provisions in it, such as allowing domestic law to remain amendable for continuity trade agreements and the Trade Remedies Authority. It is a very important piece of legislation.
But I did welcome the hon. Member’s commitment to conclude the Trade Bill by the end of January. I see the current Government Deputy Chief Whip here—the Treasurer of Her Majesty’s Household, my hon. Friend the Member for Pudsey (Stuart Andrew). As a former Government Deputy Chief Whip, I and, as a former Chief Whip of the Opposition, Madam Deputy Speaker, you will know that that is not entirely in the hands of the Government and that, actually, it is very much as well in the hands of the whole of Parliament. But I will take that as a submission to the usual channels that the official Opposition want the Trade Bill to achieve Royal Assent by 31 January, which is what the hon. Member for Sheffield Central said. I will take that as a submission of the Opposition’s intent—good intent—to get it through as quickly as possible.
The hon. Member says he was against CRaG, but I remind him that it was the last Labour Government who introduced CRaG. His boss, the right hon. Member for Islington South and Finsbury (Emily Thornberry), actually voted for CRaG. He also propagated this deliberate confusion about the oven-ready deal. It is quite clear that that referred to the withdrawal agreement that the House of Commons voted on a year ago. I would just ask him: is he going to support the further trade deal, if there is one, with the European Union? We have heard silence from the official Opposition on that.
To turn to the hon. Member for Dundee East (Stewart Hosie), who also had a very constructive tone, in areas of devolved competence we have been clear. I am repeating the same commitments made at the Dispatch Box during the passage of the Trade Bill, including in the Committee stage of the Trade Bill, that he remarked on at the time and he will remember well. I am making those same commitments today. Overall, we wish to work with the devolved Administrations, particularly in areas of devolved competence, where they have a clear role, such as the management of highways, around ports and other things that relate to facilitating trade.
The hon. Member added, notwithstanding that, that he did not want me to think this was a sudden conversion, with him agreeing with the Government trade policy—definitely not. As I have pointed out from the Dispatch Box a few times, the Scottish National party has not supported a single trade agreement proposed either here or in Brussels.
I reassure my hon. Friend the Member for North East Bedfordshire (Richard Fuller) that these are not new measures in any sense. They are taken directly from the Trade Bill. The HMRC powers were published in 2017. The further powers were published in July on Report. We are introducing this legislation purely because the Trade Bill probably will not get Royal Assent before 31 December.
I reassure my hon. Friend that there are safeguards on the data. It is data that is already collected. There is no new disclosure of data. Specific named authorities are discretionary to support a Government Minister’s function in relation to trade. In terms of such things as anonymity, the existing restrictions around the General Data Protection Regulation and the UK Data Protection Act 1998 kick in. On taxation, there are already strong measures in place to protect the data of taxpayers. The Bill is clear that data can be shared only where disclosure would support functions related to trade. It could not be disclosed for any other purposes.
My hon. Friend also asked about a private company performing a function on behalf of a public authority. That is possible, but it would operate under the same restrictions and the discretionary powers would apply—GDPR and so on. He asked me for a Dispatch Box commitment on agriculture and food standards. Our commitment is absolute. The commitment that he and I made individually and collectively in our general election manifesto this time a year ago continues as well.
The hon. Member for Edinburgh West (Christine Jardine) called for an adjustment period, which I think is a new term for a transition period. She is calling for a transition period from the transition period, which would increase uncertainty. The UK is leaving the single market and the customs union on 1 January, and an indeterminate postponement of that would, by definition, only increase uncertainty.
Greg Hands
I am going to finish now. The purpose of the Bill is simple: it allows the Government to use data that they already hold, in order to ensure the smooth flow of traffic, goods and people across the UK’s borders at the end of the transition period. The Bill will support better services by permitting data on the flow of international trade to be shared and analysed. The Bill does not create any new powers, but brings forward critical powers that are needed from the end of the transition period to ensure that the Government and public bodies can use the information that they already collect.
We have had a good debate, carried out in an excellent spirit, and I thank all Members for their contributions. My thanks also go to the Government Opposition Whips, of course, who have ensured that the Second Reading has run effectively—particularly under your direction, Madam Deputy Speaker.
Madam Deputy Speaker (Dame Rosie Winterton)
That will be it.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).
Wednesday 16th December 2020
(3 years, 11 months ago)
Commons ChamberTrade (Disclosure of Information) Act 2020 Read Hansard Text Amendment Paper: Committee of the whole House Amendments as at 16 December 2020 - (16 Dec 2020)
This text is a record of ministerial contributions to a debate held as part of the Trade (Disclosure of Information) Act 2020 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Trade Policy (Greg Hands)
Thank you, Dame Rosie, if I have the nomenclature correct. As we come to the end of the transition period, it is important that the Government make the best use of the information that they already hold to minimise any disruption that may result from the new border requirements that will apply irrespective of the nature of our trading relationship with the EU. More specifically, it is important that the Government use that information to develop a detailed picture of the flow of goods and people at key locations at the border. That will inform decision making right across Government, leading to better outcomes for businesses and citizens.
As Members will be aware, the clauses in the Bill have been scrutinised previously by the House during the passage of the Trade Bill. Members may recall that a key source of information within Government relating to both trade and border management is HMRC, which has significant responsibilities in relation to the movement of goods across the border. HMRC has specific statutory restrictions in relation to the sharing of information that it holds and, in the absence of an express legal gateway to permit sharing, the Government cannot make use of this data effectively.
The clause has therefore been introduced to allow HMRC to share the data that it holds with any other public or private body that carries out a public function related to trade for the purposes of that function. This power enables HMRC and bodies working with or on behalf of HMRC to share data with Departments, including, for example, the Cabinet Office, which, through the border and protocol delivery group, is leading Government preparedness for border readiness at the end of the transition period.
BPDG has established a border operations centre to monitor and manage flow at the end of the transition period and to support relevant authorities to better manage border controls and ensure that frictions to the flow of trade are minimised and negative impacts are mitigated. The border operations centre will use data provided by HMRC, alongside other Departments and public bodies, so that it can analyse and promote efficiencies in the flow of traffic in goods and services in and out of the United Kingdom. Access to HMRC data is crucial to developing this detailed commodity-level view of the flow of goods at the border.
Additionally, the clause will facilitate the sharing of information with other organisations, such as the World Trade Organisation and the World Customs Organisation, both of which the UK will be obligated to share data with as part of our international obligations for the purposes of trade. This is a necessary clause to ensure continuity as we come to the end of the transition period, as it will enable the efficient use of HMRC data to support the Cabinet Office’s role in minimising temporary disruption at the border that may result from our new trading relationship with the EU and enable the sharing of data with international organisations where necessary.
Measures have been included in the Bill to ensure the proper handling of the data and to safeguard and protect its use, with penalties for unauthorised disclosure, onward sharing or use. Moreover, Departments will comply with requirements of data protection legislation, including the general data protection regulation, when handling any personal data shared under this gateway, where it is deemed proportionate and necessary to do so. This clause is essential for the Cabinet Office and other bodies to ensure the continued smooth flow of goods.
Moving on to clause 2, alongside HMRC, to which clause 1 applies, more than 20 Departments and public bodies have either operational or policy responsibilities relating to the border, using over 100 IT systems between them. These Departments and public bodies collect and hold numerous types of information related to trade. However, as with HMRC, this information could typically be used only for very specific purposes, with statutory restrictions on the sharing of information with other Departments. These restrictions inhibit the Government identifying and utilising the full potential of their information to support trade policy and the flow of goods and services through the border. The restrictions also lead to inefficiencies, including duplicative requests to industry to share data.
The clause fixes that problem and will allow specified public bodies and Departments to share data where it supports the exercise of a Minister of the Crown’s functions relating to trade. By combining and analysing specific border data, the Government and the Cabinet Office, in particular, will be able to develop insights and analysis to support the Government as a whole to deliver better services. This will ensure that goods and trade to continue to flow when the UK becomes an independent trading nation at the end of the transition period. As with clause 1, this clause does not, however, grant any additional data collection powers to the Government. Instead, it seeks to create a discretionary gateway to enable more effective sharing of data that Departments and public bodies already hold.
Moving to clause 3, the Government rightly take the safeguarding of information and personally identifiable information, in particular, very seriously. As I hope I made clear in introducing clauses 1 and 2, the ability to share data under both gateways is discretionary. Individual Departments and public authorities providing data will need to be satisfied that data sharing is necessary to support functions relating to trade prior to sharing the data. Furthermore, as I mentioned when introducing clauses 1 and 2, any data shared by the data-sharing gateway that is being established will have to comply with data protection legislation, including the general data protection regulation and its principles, covering necessity, proportionality and minimisation to protect the rights of individuals.
Clause 3 provides an additional safeguard on top of all the others by creating a criminal offence if information relating to a person’s identity, or information from which a person’s identity might be deduced, is shared in contravention of clause 2. I hope that will provide further assurance, if it is required, that the data shared through the gateway will be handled appropriately.
Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)
I am interested in clause 3. To whom are the Government concerned that the information might be shared inappropriately? Who would be the recipients of that information?
Greg Hands
I think the hon. Gentleman’s question was about what kind of people would be inappropriate; it would be people to whom the legislation will not apply. We are talking about a discretionary power to share data to assist a Minister in functions relating to trade. In addition, the criminal power, as I understand it, is in the Bill specifically to prevent any individual person’s identity from becoming either known directly or deduced through the data that has been produced. Clause 3 puts in place an additional power to prevent that data from becoming known. I do not really want to speculate, Dame Rosie, but I can imagine a whole series of people and bodies that might have inappropriate access to an individual’s data as they pass through a border. I think we can all imagine the sort of people who may not have either your, mine or the Government’s best interests, or the interests of international trade, at heart.
Clause 4 contains the sunset elements of this Bill. As the House will be aware, the Trade Bill is currently passing through the other place and is now unlikely to receive Royal Assent before the end of the transition period. As I hope I made clear in introducing clauses 1 and 2, it is essential that we are able to provide a gateway to enable the sharing of trade-related data that the Cabinet Office requires before the end of this period as it takes on border-monitoring functions. To ensure that we can do that in time, the Bill replicates clauses 8 to 10 of the Trade Bill, which has been referred to at least twice so far. Clause 4 is therefore required to facilitate the expiry of clauses 1 to 3 of this Bill if similar clauses are passed in the Trade Bill, and will thereby ensure that the UK statute book is kept in good working order.
Clause 5 sets out the interpretation of key terms for the purposes of the Bill. Specifically, it provides interpretation of the terms “the data protection legislation”, “enactment”, “the investigatory powers legislation” and “Minister of the Crown”. The interpretations are intended to ensure that the reader of the Bill has clarity in respect of and understands the use of those terms in the Bill.
Finally, Clause 6 sets out the territorial extent of the legislation, when it will come into force and its short title. Subsection (1) sets out the territorial extent of the provisions:
“This Act extends to England and Wales, Scotland and Northern Ireland.”
This is a standard clause in any Bill to specify the extent of the its measures.
I note that the Government have worked closely with the devolved Administrations on these provisions as part of work on the Trade Bill, to ensure that the data- sharing gateways can also assist them with their devolved functions—I have already mentioned traffic management around ports as a classic case of where a devolved Administration have a legitimate and correct interest in ensuring that data will flow and therefore that trade flows. In that spirit of working closely together, the Government made two commitments to the devolved Administrations in relation to data sharing under clause 9 of the Trade Bill when it was in Committee in the Lords, and I will repeat them today. First, the data shared under clause 9 of that Bill will be used by the border operations centre and the Cabinet Office to develop strategic insights. The Cabinet Office is committed to sharing strategic analysis related to the flow of data where it will support the more effective management of flow through the border. Cabinet Office officials will continue to work closely with counterparts in the devolved Administrations to ensure that relevant analysis and information can be shared to support devolved functions relating to trade and management of the border. Secondly, the UK Government commit to consulting the devolved Administrations before any devolved authorities are added to or removed from the list of specified authorities that can share data under clause 9 of the Trade Bill.
I turn to the remaining subsections of clause 6. Clause 6(2) of the Trade (Disclosure of Information) Bill provides for the Bill to come into force on the day of Royal Assent. Clause 6(3) simply provides that the Bill, once enacted, will be cited as the Trade (Disclosure of Information) Act 2020. I hope that the House agrees that clause 6, and therefore all six clauses, should stand part of the Bill.
Christine Jardine (Edinburgh West) (LD)
I will not take the House’s attention for long. Again, I find myself in agreement. The Liberal Democrats have serious reservations about the original Trade Bill, but we recognise that, through no fault of this House, the Bill has to be expedited. We need some form of data protection and for our authorities be able to use the data effectively, so we are prepared not to go along with this Bill, but to accept that we need it and that we need it by 1 January. We are in this situation simply because the negotiations with the European Union have not gone in the way that the Government had assured us they would and because the situation has not been handled by the UK Government as expertly as we might have hoped.
Greg Hands
I will, if I may, respond to those points. I thank Members for making them and for participating in this Committee debate.
Taking the points in turn, the hon. Member for Sheffield Central (Paul Blomfield) asked about instances covered by clause 2(7). As he noted, reference to investigatory powers legislation is absent from the Trade Bill. That is a minor drafting error. I should have made that clear. An equivalent change will be made to the Trade Bill in due course during its passage.
The hon. Gentleman asked a series of more general questions about borders and ports and I will try to answer those as best I can, recognising that almost all of his questions are within the remit of other Departments, rather than the Department for International Trade.
The hon. Gentleman asked how the border operations centre will assist the movement of medicines and vaccines. That will be a key part of the priorities that we have set for the border after 1 January, to ensure that vital goods continue to flow quickly and efficiently. I will give an example of the sort of data that would be within scope for the border operations centre, assuming that the Bill becomes law. The ability to analyse customs declarations, transit declarations, export declarations, safety and security declarations and things such as highways data would, I think, allow medicines and vaccines to be moved more quickly and more efficiently than would otherwise be the case without the data.
Stewart Hosie
If the Minister is right that removing the disapplication would restrict the Government’s ability to collect the data they need, will he tell the Committee what data that is currently protected the Government wish to access or have a hold of that they would not otherwise be able to get?
Greg Hands
That is a very reasonable question, but I will stress what I said earlier: it is not possible at this stage to anticipate what specific restrictions may apply to the additional public bodies, otherwise we would have put on the face of the Bill which other public bodies could be added in due course. We have not put those on the face of the Bill, but we have said that it is perfectly possible that, during the conduct of these operations, it will become clear that there is other data out there that would assist the Government in ensuring that trade flows well at the border. We want to ensure that those other bodies could quickly come within scope, through the delegated procedures that we have laid out in legislation, and therefore it would not be appropriate to put a general restriction on those bodies. It is best to rely on the overall restrictions in the legislation to ensure that we have robust data protection.
Richard Fuller (North East Bedfordshire) (Con)
The hon. Member for Dundee East (Stewart Hosie) has raised an issue that would become more relevant if the sunsetting of this legislation does not take hold. If this legislation sunsets, most of us will be fairly comfortable with it. However, there is an opening here, with the combination of subsections (7) and (11) of clause 2, and subsection (1)—that sets out the purpose—which is that it would be right for Parliament to have some review of the application of this in practice. Can my right hon. Friend give an assurance, if there is no sunset within six months, that he will come back to the House to reassure us that those potential areas of concern have not been breached?
Greg Hands
My hon. Friend makes a very good point. I must say that if the Trade Bill has not received Royal Assent within six months, I will certainly be under scrutiny in this House, for a piece of legislation that has now been with us for three and a half years. I can give him that assurance. Obviously, the intention is that this will sunset when the Trade Bill receives Royal Assent. We do think that the overall restrictions on the use of the data, and the discretionary nature of the power, are appropriate in this place. But it is also quite right for the Government to make allowance for the fact that it may come to light that extra data will be needed, and we do not want to have what might be viewed as unnecessary restrictions on the use of that data being added now as it becomes useful to us during the course of January. Our intention, however, is that the legislation should sunset as early as possible, with the Trade Bill receiving Royal Assent.
Clause 2(8) makes explicit the requirement for any data sharing conducted under the proposed gateway to comply with data protection legislation, including GDPR. Government Departments sharing data under this gateway will also be expected to comply with robust data governance practices, including completing data protection impact assessments and ensuring that data sharing agreements are in place. Furthermore, clause 3 creates an offence for the disclosure of any information in contravention of clause 2 where a person’s identity is specified in the disclosure or can be deduced from it—the point raised by my hon. Friend the Member for North East Bedfordshire (Richard Fuller).
I hope my remarks have reassured the hon. Member for Dundee East on both the importance of clause 2(7) and the steps that the Government have taken to ensure the safeguards are in place where data is shared under this gateway. I hope that his intention is not to press his amendment. I urge the Committee to support clauses 1 to 6.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 6 ordered to stand part of the Bill.
The Deputy Speaker resumed the Chair.
Bill reported, without amendment.
Third Reading
Motion made, and Question proposed, That the Bill be now read the Third time.—(Greg Hands.)
Thursday 17th December 2020
(3 years, 11 months ago)
Lords ChamberTrade (Disclosure of Information) Act 2020 Read Hansard Text Amendment Paper: Committee of the whole House Amendments as at 16 December 2020 - (16 Dec 2020)
This text is a record of ministerial contributions to a debate held as part of the Trade (Disclosure of Information) Act 2020 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
My Lords, on 31 December, the UK will regain full control of its borders at the end of the transition period. Irrespective of the ongoing negotiations with the European Union regarding a free trade agreement, the Government have been clear that there will be additional requirements for people and goods traveling to the EU. I am sure that your Lordships will appreciate that since the Trade Bill will not pass until next year, it is vital that we ensure there is no gap in the Government’s ability to share the information that they already collect and hold in order to mitigate and manage any temporary friction from the end of the transition period. That is exactly what this Bill achieves, substantially replicating amendments made to the Trade Bill—namely, Clauses 8 through 10.
I know that my noble friend Lord Lansley and the noble Lord, Lord Stevenson, have asked what the differences in clauses are between this Bill and the Trade Bill. As I have already mentioned, the clauses are substantially the same but there are minor differences. Most notably, Clause 4 of this Bill provides for the expiry of Clauses 1 to 3 if, in the same Session in which this Act is passed, an Act resulting from the Trade Bill is passed which in the opinion of the Secretary of State contains provisions that have the same or similar effect to Clauses 1 to 3. This sunsetting is necessary to ensure the statute book is kept in good order. This clause will therefore provide that Clauses 8 to10 of the Trade Bill form the permanent basis for data-sharing. This Bill also includes an explicit reference to the DAs on the face of the Bill, alongside references to investigatory powers legislation and sentencing, which were absent from the clauses in the Trade Bill. However, these changes will be made to the Trade Bill clauses in due course, and amendments are already tabled and appear in my name on the Marshalled List.
This Bill will allow the effective use of government data to ensure the smooth flow of goods and services after the end of the transition period. The Cabinet Office’s Border and Protocol Delivery Group is leading work to ensure that our borders are robust and efficient, establishing a border operation centre to monitor and manage flow through the border and support the mitigation of any disruption. This Bill ensures that the Government make best use of the data they already collect and hold and in so doing reduces inefficiencies and bureaucracy for business. It will support better services by permitting data on the flow of international trade to be shared and analysed, helping to identify and resolve the root cause of any disruption. It will also allow the Government to use data more effectively to plan new controls at the border, ensuring that security is maintained, new requirements are introduced seamlessly and any temporary friction is properly mitigated.
The Government recognise that this Bill is being proposed on an expedited schedule and that many noble Lords attach great importance, rightly and properly, to data security, as demonstrated by a number of thoughtful previous contributions on this subject. I reassure the House that this Bill contains measures to ensure that the permitted use of data that it facilitates is both discretionary and specific. I stress that the Bill does not create any additional powers to collect data; it applies only to the public bodies specified and only when those public bodies are satisfied that data use would support a Minister’s functions relating to trade. It creates an offence of unlawfully disclosing information and ensures that data-sharing remains subject to GDPR and DPA protections.
With regards to the expedited schedule of the Bill, I emphasise that all these measures have already been subject to substantive scrutiny in this House and the other place during the passage of the Trade Bill, through the relevant clauses, without further amendment. The Bill contains a sunset clause that will ensure consistency with the powers being delivered through the Trade Bill. Clause 2(9) provides the power for a Minister of the Crown to add public authorities to the data-sharing gateway and therefore has the potential in a narrow sense to alter the executive competence of the devolved Administrations. I therefore make the same two commitments to the devolved Administrations on data-sharing as I made in Committee on the Trade Bill.
First, the data shared under Clause 2 will be used by the border operation centre being established by the Cabinet Office to develop strategic insights into the flow of trade and functioning of the border. The Cabinet Office is committed to sharing strategic analysis related to flow of trade where it will support the more effective management of flow through the border. The Cabinet Office will continue to work closely with the devolved Administrations to ensure that relevant analysis and information can be shared to support devolved functions relating to trade and management of the border. Secondly, the UK Government commit to consulting the devolved Administrations before any devolved authorities are added to the list of specified authorities that can share data under Clause 2.
In breaking news, I am pleased to say that the Senedd and Scottish Parliament have both granted legislative consent, and I am grateful to my colleagues in the Welsh and Scottish Governments, who have worked at pace to consider this Bill and schedule the necessary votes. However, due to the accelerated timetable of this Bill, the Northern Ireland Executive have not brought forward a legislative consent memorandum, and the Assembly has not voted on legislative consent. I reassure noble Lords that the Government will continue to engage with the Northern Ireland Executive on this matter.
In conclusion, this Bill is necessary to ensure that the Government can use their information properly to minimise disruption at the border following the transition period. It is limited in scope and contains specific safeguards to prevent inappropriate or excessive sharing of data. This will, in turn, underpin the delivery of a world-class border fit for the UK’s future as an independent trading nation, protecting our country, strengthening our economy and growing our international trade. I beg to move.
Lord Grimstone of Boscobel (Con)
My Lords, I thank noble Lords for what turned out to be a very spirited debate on the Bill. I will try to respond in as detailed a way as I can, although, as my noble friend Lord Lansley recognised, some of the points that have been raised are very detailed, and for those points I will write to the noble Lords concerned. Of course, as he said, we will be debating this again in the first week of January, which will give us the chance to come back to some of those detailed points.
I can confirm to the noble Lord, Lord Purvis, that these powers are absolutely necessary. Of course, when the Trade Bill started its long, meandering process through your Lordships’ House, we had hoped to complete that process. We thought that it would have had Royal Assent by now, in which case this Bill would not have been necessary. This Bill has had to be brought forward because of the time that, in their wisdom, noble Lords wished to devote to debating the Trade Bill.
I can confirm that the Bill will cover Northern Ireland and Scottish ports and roads, et cetera. The ability to add extra authorities to the list already in the Bill is there so that those devolved authorities can be added, obviously following consultations with the DAs.
The noble Lord, Lord Stevenson, asked about Clause 7 of the Trade Bill and the collection of data. This is a very specific power, which is to help the statistical data that we need to manage trade and exports going forward. I remind noble Lords that it involves a simple tick box on a company’s tax return. It is entirely voluntary but you can, if you wish, tick that box to say that you are an exporter. That information in itself is not relevant to the management of the border. All the data that this Bill needs to fulfil the management of the border is already available through powers that exist in relation to the authorities concerned with the border. They might be powers for the port authorities, the highways authorities or the police.
As I said in my opening comments, the intention of the Bill is to allow those bits and pieces of data that have already been collected to be merged together. For example, if a truck is headed to a border and contains cows, which need a veterinary inspection when they get there, the border will know that those cows are coming and can have the vet ready on standby to see to them. That might seem a small example but it is those specific practical points that the Bill is designed to deal with.
In relation to the point that the noble Lord, Lord Stevenson, and others raised about the exact reconciliation between the clauses in this Bill and the Trade Bill clauses as amended on the Marshalled List, I will have that looked at. I can absolutely see the advantage of everything reconciling, and I will take it away and look at it before Report. As my noble friend Lord Lansley recognised, parliamentary counsel, in their wisdom, like to improve on the drafting of their predecessors, and there might have been a little bit of that going on here.
I can answer the noble Lord, Lord Stevenson, specifically on his point about the sunset clause: there is nothing funny going on here. As a matter of principle, we absolutely expect that this Bill will be sunsetted by the Trade Bill, as night follows day.
So I think I have dealt with most, at least, of the points that have been raised, and, as I said, if I have missed any out, I will happily write to the noble Lords concerned. Again, I thank noble Lords again for the constructive way they have dealt with this and for helping us speed the passage of this important Bill.
The Bill’s purpose is simple: it allows the Government to use data they already hold to ensure the smooth flow of goods after the end of the transition period. This will reduce inefficiencies and bureaucracy for business, which I am sure Members across the House will support. The Bill will support better services by permitting data on the flow of international trade to be shared and analysed, helping identify and resolve the root cause of disruption. I stress to noble Lords, as I have done earlier, that the Bill does not create any additional powers to collect data, and the Government have also ensured that its provisions apply only to the public bodies specified and only where those bodies are satisfied that data use would support a Minister’s functions relating to trade.
On that basis, we have had a good debate, carried out in an excellent, spirited style, demonstrating of course the very great attention that noble Lords rightly and properly give to the detail of the legislation when it is before our House. I thank noble Lords for their contributions, and I also thank the Government and Opposition Whips, who have ensured that this process has run smoothly.