Terrorism (Protection of Premises) Bill

Baroness Hamwee Excerpts

Committee stage
Monday 10th February 2025 Lords Chamber

[Lord Frost (Con)]

There is a big difference between organisations set up in the framework of the European Union and us deciding how we work our own bureaucracy. There is a lot of value in an independent panel to examine the work of a regulator that is taking over a new and very large area of work. So, no, I would not agree with the parallel; regulation and independent review are appropriate when we are creating a new regulator with a new set of work—that is the issue that is here today.

[Baroness Hamwee (LD)]

My Lords, I had written against the first and last of these, “Does this not have the danger of adding to the bureaucracy?” Perhaps more importantly, these amendments raise the issue of just how the governance of the SIA will operate—I certainly have not yet got a handle on that.

If the SIA itself wants to establish an advisory board, I think that is up to the SIA, but I do not think we are yet clear—and we should be clear very soon. The two years will go by fast and the SIA needs to be operating during the period. As to how it will operate, the amendments also raise the question of just what the responsibility of the Secretary of State is, as against the SIA—although not against it, I hope—in this eco-landscape, as some might say. With regard to a report to Parliament, I am sure that the Minister will say that the Government will keep the operation of the Act under review, although I am not sure the timescales are entirely sensible: things seem to come a bit too soon.

--- Later in debate ---

Moved by

[Baroness Hamwee]

37: Clause 28, page 21, line 2, leave out from “Part” to end of line 3 and insert “do prevail”
Member's explanatory statement
This amendment is intended to probe how information provided to the regulator will be safeguarded.

[Baroness Hamwee (LD)]

My Lords, this amendment is in my name and that of my noble friend Lady Suttie. It is a probing amendment in connection with the disclosure of information, which is the subject of Clause 28.

Clause 28(5) provides that:

“In determining whether a disclosure would contravene the data protection legislation, the requirements imposed, and powers conferred, by this Part are to be taken into account”.


The purpose of this amendment is to determine what weight there is in the phrase “to be taken into account”. I have proposed changing that to “do prevail”. In fact, it is the data protection legislation that should prevail, but this seemed to be the shortest way of getting to the probe.

The Events Industry Alliance has told us that there may be extremely sensitive information, including commercially sensitive information, connected with the fulfilment of the requirements under the Bill, and one can understand its concern. I hope that the Minister can tell us how the different interests are weighed, and whether data protection—as I would have thought would be the case—would override everything. I beg to move.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Hamwee, for Amendment 37. I hope I can reassure her that the Security Industry Authority already has robust safeguards and processes in place for discharging its duties under the Private Security Industry Act 2001, which ensure that it is therefore compliant with data protection legislation. The Government’s clear expectation is that the SIA will apply the existing safeguards that it has under the 2001 Act when implementing its new regulatory functions under this Bill.

Furthermore, as an arm’s-length body, the SIA must ensure that any disclosures of information under the Bill do not contravene data protection legislation, including the Data Protection Act 2018, or the prohibitions in the Investigatory Powers Act 2016. The regulator will be able to share information only in accordance with the parameters in the Bill—shortly to be an Act —and other applicable legal requirements, such as those under data protection legislation as a whole. I hope that those three bits of legislation—the Private Security Industry Act, the Data Protection Act and the Investigatory Powers Act—give the noble Baroness the assurances that she seeks.

[Baroness Hamwee (LD)]

My Lords, I am not sure that I am reassured, because I do not understand how opposing points can be taken into account. If it is data protection legislation that governs—if that is what prevails—why do we need this subsection at all? I have not looked at the Private Security Industry Act to which the Minister referred, so I will certainly look at that and at what he has just said. I do not want to be difficult; I just want to get an understanding so that everybody understands it, not just me.

[Lord Hanson of Flint (Lab)]

Would it help the noble Baroness if I ensure that I write her a letter between now and Report, which will be announced shortly, so that she has clarity on her concerns? To save her having to look it up, I will also send her the relevant section of the Private Security Industry Act 2001.

[Baroness Hamwee (LD)]

Sending me the reference will do; computers are wonderful—mostly. I am grateful for that. I beg leave to withdraw the amendment.

Amendment 37 withdrawn.