Data Protection Bill [HL]

Lord Kennedy of Southwark Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 13th December 2017 Lords Chamber

[Lord Kennedy of Southwark]

My Lords, Amendment 42, moved by the noble Baroness, Lady Hamwee, was also debated in Committee. The noble Baroness, her noble friend and other noble Lords raised concerns in Committee about paragraph 4 of Schedule 2 in respect of the broad nature, the wide-ranging exemptions and the application of those exemptions. I see the point about the application of this part of the Bill. The amendments tabled by the noble Lord, Lord Ashton of Hyde, set out in the Bill those rights which might be restricted by virtue of article 23(1) of the GDPR and so give more focus to this part of the schedule.

I want to see effective immigration controls and also fair immigration controls, but I do not want to see people unable to get access to data held on them or to how that data is being used and shared except in limited circumstances. I hope the Minister can confirm that the government amendments will do this on a case-by-case basis and do not provide a blanket power. These things are very sensitive and are a matter of balancing important principles, protections and rights carefully and coming down with the right protections in place. I think it would be a problem if we were left in a situation where we could disclose to data subjects information that could give them the opportunity to circumvent our immigration controls.

The noble Baroness, Lady Williams of Trafford, gave a detailed explanation of the Government’s opposition to the amendment in Committee and highlighted a number of the issues that would come forward. I do not think anyone wants a situation where we are making things worse for ourselves. I recall the examples given of an overstayer where the authorities are seeking to enforce an administrative removal or where there is an application to extend the leave to stay and it is suspected that false information has been given. These seem perfectly reasonable to me. The amendments tabled by the Government provide important clarification on what is exempt, limit the power in the Bill and seek to address the concerns highlighted during the previous debate and today.

[Lord Clement-Jones]

Before the noble Lord sits down, does he therefore agree with the Government that this is all about the circumvention of immigration controls? Does he not think that essentially, as my noble friend Lady Hamwee mentioned, most of the circumstances are about people asserting their rights?

[Lord Kennedy of Southwark]

I accept that people want to assert their rights. Of course I do. I also think that we had a very detailed debate in Committee. Points were raised about the broad-brush approach; the Government have responded, and I am happy to support their amendments.

[Baroness Williams of Trafford]

My Lords, these amendments bring us back to the immigration exemption in paragraph 4 of Schedule 2 which, as the noble Lord, Lord Kennedy, said, was debated at some length in Committee. As this is Report, I am not going to repeat all the arguments I made in the earlier debate, not least because noble Lords will have seen my follow-up letter of 23 November, but it is important to reiterate a few key points about the nature of this provision, not least to allay the concerns that have been expressed by noble Lords.

Let me begin by restating the core objective underpinning this provision. The noble Lord, Lord Kennedy, specifically asked for further clarity on this point. The UK’s ability to maintain an effective system of immigration control and to enforce our immigration laws should not be threatened by the impact of the GDPR. It is therefore entirely appropriate to restrict, on a case-by-case basis, certain rights of a data subject in circumstances where giving effect to those rights would undermine that objective. That is the sole purpose and effect of this provision—nothing more, nothing less.

The GDPR recognises this by enabling member states to place restrictions on the rights of data subjects where it is necessary and proportionate to do so to safeguard,

“important objectives of general public interest”.

The maintenance of effective immigration control is one such objective. This is the basis for the provision in paragraph 4 of Schedule 2.

The noble Baroness referred to article 23 of the GDPR. It does not expressly allow restrictions for the purposes of immigration control. She asked whether the immigration restriction is legal. She pointed to Liberty’s claim that the exemption is unlawful. It is not the case.