Data Protection Bill [HL]

Debate between Baroness Chisholm of Owlpen and Lord Brown of Eaton-under-Heywood

Report stage (Hansard - continued): House of Lords
Monday 11th December 2017 Lords Chamber

[Baroness Chisholm of Owlpen]

I agree with the noble Lord, and we will take that into account.

[Lord Brown of Eaton-under-Heywood]

My Lords, I am most grateful for the reassurance given to us by the Minister. On the basis that all these matters will be brought back in some shape or form at Third Reading, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Chisholm of Owlpen]

My Lords, Amendments 28 and 29 create a new processing condition for Members of this House. The Government’s view is that the provisions in paragraphs 19 and 21 of Schedule 1 are intended to reflect the unique and special nature of the relationship between an elected representative and their constituent.

Like the noble Baroness, Lady Hamwee, and the noble and learned Lord, Lord Brown, I am very aware of the important and valuable work that many noble Lords carry out on behalf of members of the public, advocating for their rights, taking up their cases with government departments and representing their interests in any number of scenarios. However, this relationship between a Peer and a member of the public is of a different nature and order from that conferred on an elected representative by their constituents. Elected representatives have particular rights and duties to act on behalf of the citizens they represent. The Government therefore consider it appropriate for them to be able to deal with urgent situations where they could not reasonably be expected to obtain consent; for example, in the case of an individual facing imminent deportation. There is no such need for Peers to be exempted from the provisions on consent. I stress again that nothing in the Bill or the GDPR prevents Peers undertaking casework if they first obtain the consent of the individual concerned.

I emphasise that these provisions are not new. The position under the 1998 Act is very similar and, in answer to the point made by the noble Lord, Lord Stevenson, it has not prevented Peers who are interested in undertaking casework doing so. Indeed, I have not found difficulty in this respect; I have just obtained consent first.

I hope I have reassured the noble and learned Lord that the Government understand the concerns raised, and that in this instance he will withdraw his amendment.

[Lord Brown of Eaton-under-Heywood]

I confess to being disappointed by the Minister’s response to this. I dealt with the fact that things have changed over the 15 years since the 2002 order. Of course there will continue to be circumstances in which it is possible to get, without inhibiting problems, the express consent of the person concerned. However, it will not always be possible, and to that extent it will inhibit the future ability of Members to discharge a function they have been discharging. Of course I will not divide the House at this stage; nevertheless, I urge the Government to reread the arguments and submissions that the noble Baroness and I have advanced today and see whether they cannot bring themselves to recognise that there is a substantial point here. Although there is a natural reluctance to treat us as elected Members, they should for this limited purpose do so; that is justified in the narrow circumstances in which this point arises.

Constituency Boundary Revisions

Debate between Baroness Chisholm of Owlpen and Lord Brown of Eaton-under-Heywood

Thursday 30th June 2016 Lords Chamber

[Baroness Chisholm of Owlpen]

As my noble friend knows, my mind is always open. However, in this case, I do not think there will be any change.

[Lord Brown of Eaton-under-Heywood (CB)]

Is the work being undertaken by the Boundary Commission on the basis of a 650-constituency Parliament, or is it adaptable to a 600-constituency Parliament? What, therefore, would be the result of giving or not giving effect to the proposed reduction regarding the present work of the commission?

[Baroness Chisholm of Owlpen]

If I understand the noble and learned Lord’s question correctly, the work is based on boundary reviews being carried out so that the number of MPs will go down from 650 to 600.