European Union (Withdrawal Agreement) Bill

Debate between Lord Wigley and Lord Wallace of Saltaire

Report: 2nd sitting (Hansard) & Report stage & Report: 2nd sitting (Hansard): House of Lords
Tuesday 21st January 2020 Lords Chamber

[Lord Wigley (PC)]

My Lords, I have my name to this amendment, but I rise with some trepidation. I will try not to have a flight of nationalist fantasy, as the noble Baroness, Lady Randerson, put it a moment ago. I hesitate to bring a discordant note. We hear a lot about the strengthening of the union. We must ask ourselves exactly what we mean by that. If it is to make the union work more effectively and harmoniously, be more sensitive to the needs outside Westminster and Whitehall and have greater empathy, of course that is highly desirable. However, I wonder if that is the case. If it is to strengthen the grip of Westminster and Whitehall and impose policies that are not in the best interests of Wales, Scotland and Northern Ireland, that clearly will cause a lot of bitterness. The mechanisms that we are talking about here are to avoid that sort of bitterness arising.

I would have thought that it was patently in the interest of those who want to hold the United Kingdom together in its present form that at least some movement is made to ensure that clashes do not arise from differences of aspiration or even a misunderstanding between the Governments of the various nations of these islands. We need Westminster to be sensitive when there are universally accepted reports on changes in the relationship, such as in Wales in relation to the legal systems. The noble and learned Lord, Lord Thomas, brought up an excellent report, the Silk report, which suggested changes for the police and prisons. When those are universally accepted in Wales and totally ignored year after year here, it is hardly surprising that there is some feeling that the system from the centre fails to work in the interests of every area.

It is very relevant that this issue arises in the context of European legislation. Noble Lords will remember that in 1979, very shortly after we joined the European Union, there was a referendum in Wales in which the vote went 4:1 against having a devolved Government. The noble and learned Lord, Lord Morris, was very much involved in that. Several factors led to the changes between 1979 and 1997 when there was a very small majority, but still a majority, in favour of establishing a national assembly. One of the factors was the advent and development of the European dimension. With this came acceptance of a multilayered system of democracy and that the principle of subsidiarity that runs through the European vision was relevant within these islands. Some things within the strictures that we have are appropriate to be discussed and decided at Westminster, some—until the end of next week—on a European level and some that are more appropriate on a Welsh, Scottish or Northern Irish basis.

It seems there is a possibility now of turning the clock back from the vision that had developed over the last 40 years to what existed before 1979. If that is the case, that is the most likely thing that will drive a change, forced from the periphery, in the structures of these islands. It is the sort of change that many noble Lords have mentioned and are fearful about.

In the context of this specific amendment, all that is being asked for is a provision for a systematic approach that takes into account the needs of the devolved nations. That is not an unreasonable thing to look for. The fact that Northern Ireland yesterday, Scotland before, and probably Wales this afternoon will refuse the orders that are being requested in the context of this Bill is surely an indication that something has been got wrong from the centre.

I urge the Government to look at this amendment in that context and to see it as an opportunity to build a better, more harmonious relationship, rather than just stamp on it and hope that the feelings in Wales, Scotland and Northern Ireland will just go away.

[Lord Wallace of Saltaire (LD)]

My Lords, may I raise a short constitutional question that came up last week and which relates to this? In our debate on Clause 38 last Thursday, the noble and learned Lord, Lord Keen, from the Government Front Bench said that Dicey is the absolute authority on parliamentary sovereignty. Dicey’s view on parliamentary sovereignty was that it was indivisible, that it cannot be shared upwards or downwards. His views were strengthened by his bitter opposition to the whole idea of home rule either for Ireland or for Scotland. He believed strongly that the imperial Parliament was therefore the only authority of British imperial law.

That doctrine of parliamentary sovereignty, strongly held, is of course one reason why those who wish us to leave the European Union have objected to the whole principle of European law interfering with the sovereignty of British law as defined by Parliament. It seems to me, therefore, that as part of the process we go through as we leave the European Union, and as we proceed towards some sort of constitutional convention, we will have to redefine the doctrine of parliamentary sovereignty so as to accept that these devolved Assemblies —these devolved nations—have more than the occasional permission of the Westminster Parliament to do as they wish, and that they have certain entrenched rights that are not compatible with the doctrine of parliamentary sovereignty as defined by this rather prejudiced, late-Victorian lawyer.

European Union Referendum Bill

Debate between Lord Wigley and Lord Wallace of Saltaire

Wednesday 28th October 2015 Lords Chamber

[Lord Wigley]

My Lords, I had not intended to speak in this debate but there is one dimension that perhaps I can bring to the debate that few others could.

In Wales, perhaps in Scotland as well, apart from constitutional nationalism there is always a fringe of more extreme nationalism and there are fringes that impinge on racism. It is something that throughout my political career I have tried to stand against. I have made the point time after time, ad nauseam, that all people living in Wales, whatever their language, colour or creed, are full and equal citizens of Wales. It is a concept of civic involvement in the community in which they live. These amendments touch upon this. If we are going to go down the road of starting to differentiate on the basis of some concept of nationality as opposed to citizenship, we could be in very serious trouble indeed.

[Lord Wallace of Saltaire]

My Lords, perhaps I might briefly raise the question of what sort of numbers we are talking about. The noble Lord, Lord Green of Deddington, suggested that we had 2.7 million. I have to say that sounds high.

I spent some time in the EU balance of competences review trying to discover the best estimates of the numbers of citizens from other EU countries in Britain and of British citizens in other EU states. I am well aware that it is very difficult to get the numbers but the best estimates we came up with, with the help of the Home Office, the FCO and the DWP, were 2.2 million British citizens living in other EU member states and 2.4 million EU citizens from other states living here. If we then ask how many of them have been living here for five years and how many are entitled to vote, we probably come down to something in the order of 1.5 million to 1.75 million on the five-year limit. I suspect a very substantial number of those will be of western European origin, including the many people who are in mixed marriages—British-French, British-German, British-Dutch, whatever it may be. Those are the sorts of figures.

It would help, if we are going to return to this on Report, if the Minister could manage to discover between now and then how many citizens of other EU member states are currently on the British electoral register. That figure must be obtainable. I accept that the estimate of how many there are in total in this country is very difficult to pin down but that other figure at least we must be able to have.

Census 2021

Debate between Lord Wigley and Lord Wallace of Saltaire

Wednesday 16th July 2014 Lords Chamber

[Lord Wallace of Saltaire]

It is part of our mission to try to get the information ready for use more rapidly. It is also part of our mission, and the Office for National Statistics and the Public Affairs Select Committee reports both touch on this, to use the administrative data that are available to the Government so that we do not just have a snapshot of where we are every 10 years but, rather, we can have a rolling set of information about what we have. For example, if you want to know how many children there are living in a local authority area, the Government have that information in the form of recipient addresses for those on child benefit.

[Lord Wigley (PC)]

My Lords, given that presumably there will be a census organised on a UK basis from London in the year 2021 irrespective of the technology that is used, can the Minister give us some commitment on behalf of the Government that figures relating to the number of Welsh speakers living in England will be collected? The figures at the moment relate only to Wales, and whereas other languages are collected in England they are not in relation to Welsh speakers in England. This is very misleading.

[Lord Wallace of Saltaire]

I note the noble Lord’s question. We have not yet decided exactly how many questions there will be in the next census. I should correct him, however: the census covers Great Britain. The arrangements for Northern Ireland are a little different.

Devolution and Decentralisation: Constitutional Commission

Debate between Lord Wigley and Lord Wallace of Saltaire

Monday 23rd June 2014 Lords Chamber

[Lord Wallace of Saltaire]

My Lords, England is the most centralised industrial democracy at present. It has become more centralised over the past 40 or 50 years. That is one of the issues that remains outstanding. Graham Allen in his debate in the other place last week suggested, as chair of the Political and Constitutional Reform Committee, that all three parties should be using this last year before the election to contemplate how we approach putting the different parts of our devolved settlement together.

[Lord Wigley (PC)]

My Lords, does the Minister accept that whatever the outcome of the referendum in Scotland—whether it is a yes vote or no vote—the status quo is unlikely to be the final resting point of the argument? That being so, surely a piecemeal approach is not acceptable, particularly when in Scotland the Government appear to be offering taxation powers that were recommended by Silk for Wales, but which the Government have rejected for Wales. On what possible basis can there be coherent progress when that is the Government’s approach?

[Lord Wallace of Saltaire (LD)]

My Lords, Part II of the Silk report has only just been published and the Government are currently considering it. Given the amount of constitutional change and devolution over the past few years, the idea that we are in a status quo situation is not fair. We are moving and will have to move further. The question of how we move—whether we go to a UK-wide commission or, indeed, a convention, as the committee in the other place suggested—is one we all need to consider. The Government will certainly be thinking about this in the light of the September referendum, which, as the noble Lord rightly suggests, involves the future of Wales, Northern Ireland and the English regions altogether.

West Lothian Question

Debate between Lord Wigley and Lord Wallace of Saltaire

Tuesday 4th February 2014 Lords Chamber

[Lord Wigley (PC)]

My Lords, does the Minister accept that whatever the outcome of the referendum in Scotland, there is a pressing need for a more coherent, balanced and transparent settlement that is fair to England as well as the devolved nations? In the context of the report to which he referred, will he give a commitment that the Government will move forward rapidly, once the outcome of the Scottish referendum is known, to get changes made to resolve these difficulties?

[Lord Wallace of Saltaire]

My Lords, the noble Lord has not asked me about the Silk commission but he will be aware that we are still discussing the extent of devolution with the Welsh Government. He will also be aware that England is at the moment a highly centralised state. The Government are happily discussing with a number of cities devolution to major city areas within England. I remind the House that the population of the local authority area of Birmingham is slightly larger than the population of Northern Ireland, so this is an important question for England as well.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Lord Wigley and Lord Wallace of Saltaire

Tuesday 5th November 2013 Lords Chamber

[Lord Wallace of Saltaire]

I am not sure that I do accept that. I am a member of the National Trust. Yesterday I received an e-mail from the trust which talked about the National Trust’s “vital” campaigning and advocacy work. I have to admit that I did not actually join the National Trust primarily in order to support its campaigning and advocacy work, but it regards that work not as an incidental part of what the trust is for. Noble Lords should look at the most recent announcement made by Oxfam. It is changing its internal organisation so as to put more stress on its campaigning dimension. Campaigning is at the centre of what Oxfam regards as its entirely appropriate charitable activities. Part of campaigning is, of course, lobbying Governments. I therefore do not accept that distinction.

We see the Canadian example as one that suggests overregulation, and therefore distinguish between professional lobbyists and consultant lobbyists. The noble Baroness, Lady Royall, and I were at a conference over the weekend. At one point we were both sitting with a senior executive from BP, and indeed one consultant lobbyist was there. I forgot to ask him precisely who his clients were, and perhaps I should have done. However, when you are talking to a representative of a company, you know who you are talking to and what you are talking about. I came away from the conference much better informed about BP’s involvement in the Southern Corridor pipeline project than I had been, and I trust that that will inform me in future discussions with those Governments through whose territories the pipeline will go.

Transparency is about knowing who these consultant lobbyists are representing. A number of amendments in this group address that point. The Government are not persuaded, but of course we are open to further discussions about particular areas where noble Lords feel that there is an overlap between consultancy and professional lobbying, although I do not entirely see how a particular lobbyist, being employed part time by five or 10 different companies, would somehow get around this legislation, as has been suggested.

[Lord Wigley (PC)]

A little earlier, the noble Lord mentioned that the Government favoured a light touch. In case the light touch does not work as effectively as he or the Government expect it to, can he amend the Bill in any way as it goes through to provide for adjustments to be made that do not need further primary legislation? It will be years before we come back to this and if we do not get the outcome that many people wish to see, it will be a lost opportunity.

Lobbyists: Register

Debate between Lord Wigley and Lord Wallace of Saltaire

Thursday 6th June 2013 Lords Chamber

[Lord Wigley]

My Lords, does the Minister accept that there is nothing intrinsically wrong in lobbying provided that it is undertaken within a proper framework that is transparent and that, if done properly, it can serve the interests of Members of all parties in both Chambers? One thinks of disability lobbying, for example. Is it not in the interests of lobbyists themselves, as well as Members of both Chambers, that a new framework is introduced?

[Lord Wallace of Saltaire]

My Lords, I could not have put it better on behalf of the Government, and I note the consensus on a cross-party basis to that effect. The noble Lord may have seen the story in the Financial Times yesterday to the effect that public affairs consultants are thinking of taking to the European Court of Human Rights the case that to submit them to a statutory register—but only those who are third-party lobbyists—would be an infringement of their human rights. I think that that will be an interesting case to try to get the European Court of Human Rights to take.

EU: Subsidiarity Scrutiny

Debate between Lord Wigley and Lord Wallace of Saltaire

Tuesday 5th March 2013 Lords Chamber

[Lord Wallace of Saltaire]

I am not entirely sure that I follow the logic of that. We are in an increasingly globalised economy. That economy requires increasing international regulation of one sort or another. We are in a constant situation of tension between international regulators—not just the European Union but many other international bodies as well—wishing to extend the process of regulation and national Governments, national Parliaments, local groups and other lobbies wishing to resist it.

[Lord Wigley]

My Lords—

--- Later in debate ---

[Lord Wallace of Saltaire]

My Lords, the principle of subsidiarity is in many ways a difficult concept to get hold of, and of course it is highly political. There are those here who think that a number of things should be dealt with in Wales and Scotland and not at the national level, while I wish that the principle of subsidiarity was better applied in England than it is at present. This is part of the way we play politics between different levels of government.

[Lord Wigley]

My Lords, can the Minister clarify how this procedure works in practice, bearing in mind the comments made by the noble Lord with regard to the power being with the Chambers and not with the Government themselves? As the UK has two votes on the basis of being a bicameral system, one of which is allocated to this Chamber, what would be the outcome if there was a difference of opinion between the House of Commons and this Chamber? Would we have to defer to the House of Commons as it is the elected Chamber?

[Lord Wallace of Saltaire]

My Lords, no, we would not. It would be interesting if, for example, the House of Lords decided on one side while the House of Commons decided on the other. I think it is unlikely, but I should say that there have been occasions on which some national Parliaments have issued reasoned opinions objecting to particular proposals while one or two others have issued opinions that are strongly supportive.

Electoral Registration and Administration Bill

Debate between Lord Wigley and Lord Wallace of Saltaire

Wednesday 23rd January 2013 Lords Chamber

[Lord Wigley]

My Lords, very briefly, I support the amendments moved so ably by the noble Lord, Lord Hart, to which my name is attached. I will not go into the details because they have been well explained.

However, it is quite understandable that when an amendment of the sort that was moved in Committee finds its way through to the Bill there are consequences that nobody has thought out. My understanding is that this will avoid further amendments being necessary in the other place and that this will therefore, hopefully, avoid ping pong occurring with the Bill.

I understand that the four Boundary Commissions—not only for England, but for Scotland, Wales and Northern Ireland—also concur with the amendments. This is clearly a sensible way forward. I hope that the Minister will be able to indicate that our understanding is correct and that this is helpful.

[Lord Wallace of Saltaire]

My Lords, we had a lengthy debate on Clause 6 in Committee. It is well known that there are differing views within this House on the merits of that clause, and I do not wish to reopen the debate on it here today. The purpose of the amendment is to make changes to Clause 6, which this House added to the Bill in Committee, to ensure that the meaning and effect of the clause is clear. I hope that the whole House would agree that we should ensure that there is clarity about the meaning of provisions that we send to the House of Commons, and which could end up on the statute book, and that we improve the drafting of legislation when we are able to do so.

In the interests of ensuring well drafted legislation, we therefore welcome the noble Lord’s amendment, which seeks to remove any ambiguity from the meaning of Clause 6. In a matter as important as the setting of constituency boundaries, which is fundamental to our democracy, we should ensure that there is clarity over the rules governing the conduct and timing of boundary reviews and that the Boundary Commissions are clear on what the legislation requires of them.

There has, of course, been consultation about the drafting of this clause. I confirm, as the noble Lord, Lord Hart, has asked, that the Government’s understanding of the meaning of the amendment is exactly as he has described it. That is agreed.

The amendment would ensure that the effect of Clause 6 is clear, and that necessary consequential changes are therefore made. I urge noble Lords to agree to the amendment.

Electoral Registration and Administration Bill

Debate between Lord Wigley and Lord Wallace of Saltaire

Monday 29th October 2012 Lords Chamber

[Lord Wigley]

My Lords, I apologise also for having missed Second Reading, for family reasons on that occasion. I will just throw in two or three examples of the dangers of fraud that have arisen from the comments of several noble Lords this afternoon and which any revision to the system must take into account.

First, whichever way a register is compiled, if it involves a canvass, those who are involved in undertaking that canvass could be open to pressure or could indeed be exerting influence. Forty years ago this year, I won a seat on a local authority by just some 50 votes out of a register of 8,000. To our great surprise, when the next register came out there was a reduction of several hundred voters in our ward. We attempted to see the correlation between our votes and those that had disappeared; there was something like a 70% correlation. What had happened was, yes, that forms had been dropped into every house, as they should have been, but in certain houses the knock on the door to pick them up was very light and they were not picked up. They had a right, of course, to take those forms in or to post them in but people did not do so. That was one avenue of fraud.

Another example, which noble Lords will be well aware of, is the pressure that is put on people with postal votes in a personal manner. In certain elections in my own area, I am aware of a motorcade following the postal van that was going around. As the postal votes were dropped, there would be a knock on the door: “Hello, Mrs Jones, can I help you? Do you want a witness? Do you want me to post this for you?”. The pressure that can be put on in that way obviates all the efforts that are made to ensure that we have a fair and reasonable system.

The third example that I would mention is, again, one that your Lordships will be very much aware of: the pressure that people felt at the time of the poll tax. Many people wrongly thought that there was a correlation between the right to vote and being on the register and there was a massive reduction in the number of people on the register. The outcome of the following general election was held to be because of the reductions in key constituencies that would have made a difference to that outcome. Often, as has been mentioned, those in private rented houses may have thought that they might avoid having to pay so much poll tax and were, in that case, avoiding being on the register. Other circumstances as well could lead to people wanting not to be seen at certain addresses. All these factors have to be taken into account when dealing with these sorts of changes.

I welcome the provision in Amendment 36, particularly its second half, to make sure that there is a relationship with the National Assembly for Wales, the Scottish Parliament and the Northern Ireland Assembly because there is a bearing on the elections that take place there, particularly in 2016. Careful thought needs to be given as to how things roll out in that year. However, we need to look even further at how we can ensure that the system is absolutely watertight.

[Lord Wallace of Saltaire]

My Lords, we have almost been having another Second Reading debate. Since this is the beginning of Committee, perhaps I might be allowed to say a few general things before answering on these amendments. As a number of noble Lords have already said, across the parties we all share an interest in restoring as far as we can the accuracy and completeness of the register as we go through this transition. We also share the principle of that transition: that we should be moving away from a household system of registration dating from the 19th century, when only the head of the household was allowed to vote, to one which is much more appropriate to the more varied households and the different relationship between the citizen and the state which we have today.

Over the summer, I have talked to a number of electoral administrators and read a fair amount. I would like to say a few things on that. I was struck by the strength of feeling that some electoral administrators have about making a faster shift to individual electoral registration than the previous Government proposed. It is faster, cheaper and clearer but we all understand that how we manage the transition is key. I remind the noble Lord, Lord Wills, that the transition in Northern Ireland was a big bang; here, we are taking it over more than two years. We all share the interest in getting this right, which is what these and some later amendments touch upon.

I hope that noble Lords will have seen a couple of interesting pieces of research that were published over the summer. There was, for example, the article published by Parliamentary Affairs in August on The Quality of the Electoral Registers in Great Britain and the Future of Electoral Registration.

It states that,

“the estimated level of completeness of the December electoral registers has fallen since 1950: dramatically so over the last 10 years”.

In other words, we already have a problem. The completeness of the register has fallen quite remarkably in the past 10 years. The noble Lord, Lord Wills, said that he did not like the phrase,

“so far as is reasonably practicable”,

but that recognises that we may not be able to get back to the wonderful period of the 1950s when the level was up to an estimated 95%. However, we certainly hope to restore as far as we can a percentage in the high 80s rather than the one in the low 80s to which we are heading.

Another weighty piece of research, undertaken for the Government and published in July, is on Under-registered Groups and Individual Electoral Registration. Among other things, it states that the motivation to register is closely associated with the motivation to vote, which should be sobering for all of us. Those who are not interested in voting are, of course, not interested in registering either. That is one of the strongest correlations in lack of interest or resistance to registration. We all recognise that turnout has fallen during the past 25 years. Party membership has fallen remarkably during the past 25 years. That is a much wider issue, which we again all share, of regaining the confidence of our electorate and persuading people to vote.

Both pieces of research show some interesting things. Age is the biggest single differentiator of registration; social class is not—I say this to Labour Peers in particular who may worry that there is a real differentiation between classes. However, we know that housing tenure and frequency of moving are a major differentiator and that young people in private rented accommodation are the hardest group to get at. There is some evidence that recent immigrants to Britain—people who are not British citizens but are EU or Commonwealth citizens—represent a disproportionate percentage of those who are not currently on the register but should be.

There are also some large issues around social change which I have discovered in talking to people who are concerned with this. Doorstep canvassing was much easier a generation ago than it is now. Fewer people are in; both members of a household are working; or it is a single-member household and that person is out working. People actively resist talking to a doorstep canvasser and think that they are interfering. Among the reasons why we think the annual canvass will in the long run have less utility are precisely those sorts of social change. Gated communities are more common. We were told that 24,000 households in Wandsworth, many of them the new flats going up along the river, are behind gated entrances. All of us who deliver leaflets and canvass know how much more difficult it has become in recent years to get into private accommodation and blocks of flats. That also makes it more difficult to discover who is there.

There are difficulties of communicating with young people. I have been told robustly, not only by electoral administrators but by friends and other parents, that young people do not answer letters. In particular, young men do not even pick up letters addressed to “The Householder” or “The Occupier”; you have to get at them if you can via their iPhone because that is something that they are more likely to answer. That is one of the reasons why among the experiments which we are undertaking is the introduction of online registration. A number of noble Lords came to see the demonstration that we offered. That is clearly the direction in which we have to go, in particular to catch the younger generation.

Statistics and Registration Service Act 2007 (Disclosure of Pupil Information by Welsh Ministers) Regulations 2011

Debate between Lord Wigley and Lord Wallace of Saltaire

Wednesday 9th November 2011 Grand Committee

[Lord Wallace of Saltaire]

My Lords, these regulations, which are being considered together with the Statistics and Registration Service Act (Disclosure of Value Added Tax Information) Regulations 2011, are the third and fourth uses of the data-sharing powers under the 2007 Act and the first time that the powers have been used by the current Government. The Welsh school pupils’ regulations make possible the sharing with the Office for National Statistics of data on individual pupils attending schools in Wales. The ONS is the executive office of the UK Statistics Authority, which is referred to in the legislation as the Statistics Board. The regulations follow those made in 2009 that allowed the ONS to access information on pupils attending schools in England.

Access to these data will enable the ONS to improve the accuracy of mid-year estimates and projections of population for local areas in Wales, to develop ongoing research as part of the Beyond 2011 programme, which is to consider possible alternatives to the traditional census in producing census-type statistics and to improve the assessment of the quality of statistics on schoolchildren from the 2011 census.

The other regulations being debated today allow the ONS to receive certain information provided to Her Majesty’s Revenue and Customs in VAT returns. This will enable the ONS to improve its business and economic statistics and to reduce the burden on businesses, some of which will no longer need to supply this information in addition to other information through regular returns to the ONS. The data will also be used for economic analysis and to make improvements to various business surveys run by the ONS.

The regulations permit the sharing of a long run of VAT data submitted to HMRC on or after 1 October 1985 to provide a better economic understanding of the whole economic cycle. Data confidentiality and security arrangements are being assessed as a fundamental part of the preparation of the data-sharing agreement between the organisations concerned. The ONS already works to very tight confidentiality guidelines and has an excellent data security record. It has put the necessary measures in place to protect the data and to ensure that there is no disclosure of any personal information about specific pupils or businesses.

Section 39 makes it an offence for a member or employee of the authority, including the ONS, to disclose personal information it holds other than in tightly defined circumstances. Any unlawful disclosure could result in imprisonment and/or a fine. Both sets of regulations enable administrative data already collected by government to be further utilised but only for the purposes set out in the regulations; that is, for the ONS to improve the statistics it produces on the population and on the economy.

In summary, providing the ONS with access to data on Welsh pupils and businesses’ VAT data will lead to improvements in the accuracy of the statistics that it produces and to efficiencies which will benefit government and society as a whole. Better statistics will inform better policy making. I therefore ask the Committee to support and accept both regulations. I beg to move.

[Lord Wigley]

My Lords, I have no intention whatever of objecting to these regulations, but I should be grateful for one or two points of clarification on the ONS regulations. First, I noted the emphasis placed by the Minister on data confidentiality, which obviously is central to all this. I note that in Regulation 2, the list of details about the pupil that will be made available excludes, of course, the pupil’s home address, presumably because of the dangers that exist. Yet, it includes the postcode. Certainly, with the name of Wigley and a postcode in my area, it would be fairly clear who that person is, although it may be more difficult with the Evanses and the Joneses. Given that, there cannot be a watertight assertion of data confidentiality.

My second point is in regard to Regulation 2(a)(vii), which refers to the,

“ethnic group and source of that information”.

I am not quite sure what is meant by the “source of that information”, but I imagine that it could be a matter for some consternation. Is the Minister in a position to tell me why? If not, perhaps he would be good enough to drop me a note about it because I realise that I may be splitting some hairs on these matters.