Data Protection and Digital Information Bill

Lord Harlech Excerpts

Committee stage
Wednesday 24th April 2024 Grand Committee

[Lord Clement-Jones (LD)]

My Lords, I will be brief because we very much support these amendments. Interestingly, Amendment 239 from the noble Baroness, Lady Jones, follows closely on from a Private Member’s Bill presented in November 2021 by the Minister’s colleague, Minister Saqib Bhatti, and before that by the right honourable Andrew Mitchell, who is also currently a Minister. The provenance of this is impeccable, so I hope that the Minister will accept Amendment 239 with alacrity.

We very much support Amendment 250. The UK Commission on Bereavement’s Bereavement is Everyone’s Business is a terrific report. We welcome Clause 133 but we think that improvements can be made. The amendment from the noble Baroness, which I have signed, will address two of the three recommendations that the report made on the Tell Us Once service. It said that there should be a review, which this amendment reflects. It also said that

“regulators must make sure bereaved customers are treated fairly and sensitively”

by developing minimum standards. We very much support that. It is fundamentally a useful service but, as the report shows, it can clearly be improved. I congratulate the noble Baroness, Lady Jones, on picking up the recommendations of the commission and putting them forward as amendments to this Bill.

[Lord Harlech (Con)]

My Lords, I declare an interest as someone who has been through the paper death registration process and grant of probate, which has something to do with why I am in your Lordships’ House, so I absolutely understand where the noble Baroness, Lady Jones of Whitchurch, is coming from. I thank her for tabling these amendments to Clauses 133 and 142. They would require the Secretary of State to commission a review with a view to creating a single digital register for the registration of births and deaths and to conduct a review of the Government’s Tell Us Once scheme.

Clause 133 reforms how births and deaths are registered in England and Wales by enabling a move from a paper-based system of birth and death registration to registration in a single electronic register. An electronic register is already in use alongside the paper registers and has been since 2009. Well-established safety and security measures and processes are already in place with regard to the electronic infrastructure, which have proven extremely secure in practice. I assure noble Lords that an impact assessment has been completed to consider all the impacts relating to the move to an electronic register, although it should be noted that marriages and civil partnerships are already registered electronically.

The strategic direction is to progressively reduce the reliance on paper and the amount of paper in use, as it is insecure and capable of being tampered with or forged. The creation of a single electronic register will remove the risk of registrars having to transmit loose-leaf register pages back to the register office when they are registering births and deaths at service points across the district. It will also minimise the risk of open paper registers being stolen from register offices.

The Covid-19 pandemic had unprecedented impacts on the delivery of registration services across England and Wales, and it highlighted the need to offer more choice in how births and deaths are registered in the future. The provisions in the Bill will allow for more flexibility in how births and deaths are registered—for example, registering deaths by telephone, as was the case during the pandemic. Over 1 million deaths were successfully registered under provisions in the Coronavirus Act 2020. This service was well received by the public, registrars and funeral services.

Measures will be put in place to ensure that the identity of an informant is established in line with Cabinet Office good practice guidance. This will ensure that information provided by informants can be verified or validated for the purposes of registering by telephone. For example, a medical certificate of cause of death issued by a registered medical practitioner would need to have been received by the registrar before an informant could register a death by telephone. Having to conduct a review, as was proposed by the noble Baroness, Lady Jones, would delay moving to digital ways of working and the benefits this would introduce.

[Baroness Jones of Whitchurch (Lab)]

Can I just be clear? The noble Lord was quite rightly saying that there is going to be a move to digital, rather than paper, and we all support that. However, our amendment went one stage further and said that there should be one national digital scheme. In the impact assessment and the strategic direction, to which the noble Lord referred, is one national scheme intended so that registrars do not have the flexibility to do their own thing, with their own computer? Is that now being proposed?

[Lord Harlech (Con)]

The noble Baroness asks a fair question. A major thing is being proposed, so it is best that we work with our DWP colleagues, and I commit to writing to the noble Baroness and the Committee on that point.

On the amendment to Clause 142, while we agree with the aim of improving the Tell Us Once service, our view is that the only way to achieve this is by upgrading its technology. This work is under way and expected to take up to two years to complete. It will ensure that Tell Us Once continues to operate into the future, providing us with the ability to build on opportunities to improve its speed and efficiency.

Going back to what I said earlier, it would not be right to commit to undertake a review of the service while this upgrading work is ongoing, especially as any extension of the service would require a fundamental change in how it operates, placing additional burdens on registrars and citizens, and undermining that simplicity-of-service principle. For those who still wish to use a paper process, that option will remain. For the reasons that I have set out, I am not able to accept these amendments and I hope that the noble Baroness is happy not to press them.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to hear that there is some work ongoing on the registrar process and that the noble Lord will write with further details. Obviously, if this work is already happening and we have the same intent, we would accept that our amendment is superfluous, but I need to be a little more assured that that is the case.

I was a bit more disappointed with what the Minister was saying on Tell Us Once. I suspect that the technology upgrade to which he referred is only for the current scheme, which refers only to the public sector. However, our proposal and the Marie Curie proposal, which was very well argued, is that there is now a need to extend that to the private sector—to banks, telephone companies and so on.

I did not really hear the Minister saying that that was going to be the case but, if he is going to write, maybe he could embrace that as well. As I said, Tell Us Once is a hugely popular scheme and if we can extend it further to a wider group of organisations, that would be a very popular thing for the Government to do.

In the meantime, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the noble Lord, Lord Clement-Jones, for introducing his amendments so ably. When I read them, I had a strong sense of déjà vu as attempts by the Government to control the appointments and functioning of new regulators have been a common theme in other pieces of legislation that we have debated in the House and which we have always resisted. In my experience, this occurred most recently in the Government’s proposals for the Office for Environmental Protection, which was dealing with EU legislation being taken into by the UK and is effectively the environment regulator. We were able to get those proposals modified to limit the Secretary of State’s involvement; we should do so again here.

I very much welcome the noble Lord’s amendments, which give us a chance to assess what level of independence would be appropriate in this case. Schedule 15 covers the transition from the Information Commissioner’s Office to the appointment of the chair and non-executive members of the new information commission. We support this development in principle but it is crucial that the new arrangements strengthen rather than weaken the independence of the new commission.

The noble Lord’s amendments would rightly remove the rights of the Secretary of State to decide the number of non-executive members and to appoint them. Instead, his amendments propose that the chair of the relevant parliamentary committee should oversee appointments. Similarly, the amendments would remove the right of the Secretary of State to recommend the appointment and removal of the chair; again, this should be passed to the relevant parliamentary committee. We agree with these proposals, which would build in an additional tier of parliamentary oversight and help remove any suspicion that the Secretary of State is exercising unwarranted political pressure on the new commission.

The noble Lord’s amendments beg the question of what the relevant parliamentary committee might be. Although we are supportive of the wording as it stands, it is regrettable that we have not been able to make more progress on establishing a strong bicameral parliamentary committee to oversee the work of the information commission. However, in the absence of such a committee, we welcome the suggestion made in the noble Lord’s Amendment 256 that the Commons Science, Innovation and Technology Committee could fulfil that role.

Finally, we have tabled Amendment 259, which addresses what is commonly known as the “revolving door” whereby public sector staff switch to jobs in the private sector and end up working for industries that they were supposedly investigating and regulating previously. This leads to accusations of cronyism and corruption; whether or not there is any evidence of this, it brings the reputation of the whole sector into disrepute. Perhaps I should have declared an interest at the outset: I am a member of the Advisory Committee on Business Appointments and therefore have a ringside view of the scale of the revolving door taking place, particularly at the moment. We believe that it is time to put standards in public life back at the heart of public service; setting new standards on switching sides should be part of that. Our amendment would put a two-year ban on members of the information commission accepting employment from a business that was subject to enforcement action or acting for persons who are being investigated by the agency.

I hope that noble Lords will see the sense and importance of these amendments. I look forward to the Minister’s response.

[Lord Harlech (Con)]

My Lords, I thank the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Jones of Whitchurch, for their amendments to Schedule 15 to the Bill, which sets out the governance structure of the new information commission.

The ICO governance reforms ensure its accountability to Parliament. Before I go any further, let me stress that the Government are committed to the ICO’s ongoing independence. We have worked closely with the Information Commissioner, who is supportive of the reforms, which they state allow the ICO

“to continue to operate as a trusted, fair and independent regulator”.

The Government’s view, therefore, is that this Bill is compatible with maintaining the free flow of personal data from Europe. These reforms have been designed carefully with appropriate safeguards in place to protect the information commission’s independence and ensure accountability before Parliament on important issues such as public appointments, money and accounts.

The Bill requires the Secretary of State to give the member a written statement of reasons for the removal and make public the decision to do so, ensuring accountability and transparency. This process is in line with standard practice for other UK regulators, such as Ofcom, which do not require parliamentary oversight for the removal of non-executives.

The chair can be removed only by His Majesty on an Address by both Houses, provided that the Secretary of State presents a report in Parliament stating that they are satisfied that there are serious grounds for removal, as set out in the Bill. This follows the process for the removal of the current Information Commissioner.

Greater performance measurement will help the ICO achieve its objectives and enable it to adjust its resources to prioritise key areas of work. This will also increase accountability to Parliament—a point raised by both noble Lords—organisations and the public, who have an interest in its effectiveness.

The Government are satisfied that these processes safeguard the integrity of the regulator, are in line with best practices for other regulators and, crucially, balance the importance of the information commission’s independence with appropriate oversight by the Government and Parliament as necessary. The regulator is, and remains, accountable to Parliament, not the Government, in its delivery of data protection regulation.