Digital Government (Disclosure of Information) Regulations 2018

Lord Ashton of Hyde Excerpts

Monday 25th June 2018 Lords Chamber

Moved by

[Lord Ashton of Hyde]

That the draft Regulations and Codes of Practice laid before the House on 17 and 21 May be approved.

Relevant documents: 32nd Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Ashton of Hyde) (Con)]

My Lords, the purpose of these draft regulations is to allow information sharing between specified bodies for specific purposes. They also seek to make an amendment to the Digital Economy Act 2017. In addition, six codes of practice and one statement of principles associated with Chapters 1 to 5 and 7 of Part 5 of the Digital Economy Act 2017 have been consolidated into four instruments, to be approved by a resolution of each House.

Turning first to the draft regulations, the public service delivery power supports the improvement or targeting of public services. The powers are designed to give public services the information needed to provide early intervention or, where possible, prevent the problems that reduce people’s life chances. In order to exercise the public service delivery power, government must set specific purposes for data sharing via regulations. Those purposes must meet specific criteria defined in the primary legislation. These draft regulations seek to establish four specific objectives for data sharing under the public service delivery power to address “multiple disadvantages”, including fuel poverty and water poverty, and to provide targeted assistance in retuning televisions following spectrum changes.

We have worked closely with colleagues across the UK Government and the devolved Administrations to ensure that these powers have a UK-wide reach. However, due to the absence of a functioning Assembly in Northern Ireland, the data-sharing powers in relation to fraud, debt and public service delivery have not been commenced to cover Northern Ireland at this time.

I am sure that noble Lords will agree that the Government have a clear duty to support the citizens we serve and to ensure that the most vulnerable in society get the help they need. The formulation of each of the public service delivery objectives has been guided by this principle. Data sharing is a vital and effective way of identifying individuals and households experiencing problems which reduce their life chances.

I shall set out some details of the objectives in the regulations. The first concerns multiple disadvantages. The regulations would allow for data sharing between specified public authorities to help identify individuals or households which face two or more disadvantages. By disadvantages, I mean factors which, in combination with each other, limit the life chances of individuals or households—for example, by affecting people’s health or emotional well-being, or their social and economic chances. The objective was initially developed to support the troubled families programme, which supports the identification of families across England, but it is also intended to be available for similar programmes across the UK.

The second objective relates to television retuning. In order to meet the increasing demand for mobile data, the Government have agreed to fund up to £600 million so that the 700 megahertz band, which is currently used for digital terrestrial television, can be allocated for mobile broadband. As a result of the clearing of the band, approximately 150,000 households may need either to replace or realign their aerial to continue receiving all available channels. These powers will help identify those who are on certain benefits and require further support to ensure that they continue to receive digital terrestrial television services.

Thirdly, the fuel poverty objective will provide a gateway for specified public bodies to share information between themselves to help them identify households living in fuel poverty and ensure that those households get the support they need. It will also enable specified public bodies to flag those who are eligible to energy suppliers. The aim is to enable more vulnerable households and families to receive automatic rebates in the same way as over 1 million pensioners do through the warm home discount scheme. However, these rebates can take place only if the state can inform energy suppliers which of their customers should receive them.

The fourth objective concerns water poverty. Similarly, this would allow the sharing of information between public authorities to help identify those who might be living in water poverty and help ensure that they receive the support they need. The information could be shared by public authorities with water and sewerage companies to help them better target their support schemes, such as social tariffs, as allowed by powers in the Digital Economy Act.

--- Later in debate ---

There we are. That is enough of a Welsh rant from me; I did not even get in on the Swansea lagoon, which I thought was a load of rubbish as well—I would have liked that one, too. Conscious that the Minister—this man across the Dispatch Box from me is sublimely self-assured—is now impaled on the hook left for him by the departed noble Lord, Lord Clement-Jones, I am happy to register my observations for what they are worth, but in the name of clarity, consistency and monitoring, I urge that those points be taken into consideration.

[Lord Ashton of Hyde]

My Lords, I am grateful to one of the two speakers for remaining and for the points that both have made. If the noble Lord, Lord Griffiths, thinks that was a rant, compared to the noble Lord, Lord Clement-Jones, he is an amateur; I thought he was very reasonable and measured in what he said. I shall go through his points as quickly as I can.

The noble Lord, Lord Griffiths, was correct to point out that we need to help where we can. The measure is to enable public authorities to share information. A key criterion for the Digital Economy Act was that it had to be for the benefit of individuals and households. The noble Lord, Lord Clement-Jones, suggested that, because things were in the wrong order—I will address some of his points shortly—we should withdraw the codes, wait for the Information Commissioner to issue her code and lay the codes again in six to nine months. That will mean that all the good work that is done, which the noble Lord, Lord Griffiths, identified, in using public information to help individual households that are vulnerable or suffering will effectively be put off. For example, on the fuel poverty measure, that would be another winter when we could not use the information to help the public.

On some of the issues raised by the noble Lord about the information shared, I remind him that the information is permissive: it does not have to be shared; it just allows public authorities to do that. They have very clear outlines of what they are able to do; they must have information sharing agreements. The measure merely allows public authorities to do it; there is no compulsion on any of them. It must also be in accordance with the Digital Economy Act and the Data Protection Act. That will give individuals the right—and mean that they can trust—that their information will not be misused, because it is subject also to the GDPR.

In talking about the difference between the Digital Economy Act and the Data Protection Act the noble Lord was a bit confused about paragraph 9. I was surprised—I thought it seemed pretty clear, but I accept that it could be made simpler. What it is really getting at is that the Digital Economy Act referred not just to living people, as the Data Protection Act does, but also includes bodies corporate and distinguishes between the information in those. So we are saying that there is a distinction, and they therefore need to apply both, but when it comes to the information referred to, and referring to individual living people, the Data Protection Act will apply and so will the General Data Protection Regulation. I will send a letter to the noble Lord outlining that paragraph to see if we can explain it. I doubt we will be able to do it in words of one syllable but we will try to make it a bit clearer for him and I will put a copy in the Library. I accept that it is not immediately obvious to a normal person.

I am glad that the noble Lord, in contrast, said that the codes were “clear, succinct and admirable”. I point out, however, that these are not for small businesses but for public authorities. The only time that they would involve a private business is when the private business has been contracted by a public authority to deliver something.

[Lord Griffiths of Burry Port]

I am grateful to the noble Lord for that clarification—of course, I should have been clear about that myself—but in my small business I did have registration responsibilities, so under one of the codes I would have had to bear some of these things in mind; so there was just a hint of relevance about what I said.

[Lord Ashton of Hyde]

I am grateful for that reminder.

There has been an awful lot of consultation around this. In many ways, this is a model: it has taken about two years of open, public policy-making. The codes were in place in draft while the Act went through Parliament, so parliamentarians of both Houses were able to discuss the codes. They have been amended as a result of that and made clearer, and we have also put in some increased transparency and some review mechanisms. They were consulted on again after the Act was passed: we had a formal consultation again on the codes that are with us today. That included organisations that might have thought to have worried about it, such as privacy groups, so a lot of stakeholders were involved in that.

Coming eventually to the noble Lord, Lord Clement-Jones, his speech was based on a briefing by the only organisation, I think, which had any worries about this. The overwhelming majority of stakeholders that were involved in the consultation were very supportive of these codes.

The noble Lord asked about the statistical methodology. I cannot remember exactly what it was, but I will write to the noble Lord.

The noble Lord, Lord Griffiths, also asked how we will keep track of all this. Of course, there will be a register in place, open and fully searchable by the public. The Information Commissioner has a power of audit, which will be used to keep track of all the data that is shared, and the audit logs will be kept for all data shared under the powers.

The noble Lord talked about transparency: how are we going to monitor and track the impact of this data sharing? Review boards will be established to oversee any non-devolved and England-only information sharing pilots that are set up, and there will also be a review board to advise Ministers and make recommendations on the establishment of new objectives, if there are any. The membership of those review boards will come from across the various data holding departments, as well as the ICO and representatives of civil society. Lastly, the ICO has said that she will carry out an independent review of all the Part 5 powers in two to three years.