Statistics and Registration Service Act 2007 (Disclosure of Social Security and Revenue Information) Regulations 2012

Lord Wallace of Saltaire Excerpts

Tuesday 20th March 2012 Grand Committee

Moved by

[Lord Wallace of Saltaire]

That the Grand Committee do report to the House that it has considered the Statistics and Registration Service Act 2007 (Disclosure of Social Security and Revenue Information) Regulations 2012

Relevant Document: 42nd Report from the Joint Committee on Statutory Instruments

[Lord Wallace of Saltaire]

My Lords, I am about to discover that I have mislaid my speech—no, I have not. These regulations are the fifth use of the data-sharing powers under the Statistics and Registration Service Act 2007. The Disclosure of Social Security and Revenue Information Regulations create a gateway for the sharing of information in relation to individuals in connection with certain social security and revenue payments with the Office for National Statistics. The information that these regulations allow to be shared is held by the Department for Work and Pensions and HMRC. The ONS is the executive office of the UK Statistics Authority, which is referred to in the legislation as the Statistics Board.

Access to that information will enable the ONS to develop ongoing research as part of the Beyond 2011 programme. This programme is to consider possible alternatives to the traditional census in producing census-type statistics. With this information, the ONS will be able to investigate the feasibility of developing more accurate and cost-effective methods for producing population statistics. The ONS will report the outcome of this feasibility work to Parliament in 2014. The information will also be used to quality-assure and validate the 2011 census counts.

Data confidentiality and security arrangements are being assessed as a fundamental part of the preparation for sharing the information. The ONS already works to very tight confidentiality guidelines and has an excellent data security record. It is putting the necessary measures in place to protect the information and to ensure there is no disclosure of any personal information about individuals. The information provided will be used for statistical purposes only.

Section 39 of the Act makes it an offence for a member or an employee of the authority to disclose personal information it holds other than in tightly defined circumstances. Any unlawful disclosure could result in imprisonment and/or a fine. These regulations allow the ONS to disclose the information to the National Records of Scotland and the Northern Ireland Statistics and Research Agency, but only for the purpose of assisting the UK Statistics Authority in producing population statistics.

These regulations enable administrative information already collected by the Government to be further utilised.

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[Lord Wallace of Saltaire]

These regulations enable administrative information already collected by government to be further utilised, but only for the purposes as set out in the regulations—that is, for the improvement of population statistics.

In summary, allowing access to information in relation to individuals associated with certain benefits and Revenue payments will lead to developments in the production of census-type statistics under the Census 2011 programme. Ultimately, it will lead to more accurate resource allocation, policy development and service planning and delivery. Simply put, better statistics will inform better policy-making. I therefore ask the Committee to support these regulations.

[Lord Hunt of Kings Heath]

My Lords, I am sure that we are very grateful to the Minister for his comprehensive description of the regulations before us. Of course, as he said, the context in which these regulations are being debated goes beyond the 2011 programme established by the UK Statistics Authority, which is testing and establishing alternative models for census-type statistics. Obviously, there is a great deal of interest in that and in the programme, and I should like to come back to that in a moment. However, the Explanatory Memorandum very helpfully says that the effect of sharing social security and Revenue information will be subject to internal review after 12 months and that the legislation may be amended accordingly. Will the outcome of that internal review be made public?

I also take this opportunity to ask the Minister to explain what will happen to the 2021 Census. Can he also say whether there will be parliamentary scrutiny in the event of the Government deciding to replace the current 10-year Census? Will it be subject to a legislative order or primary legislation or to a debate? It would be helpful if he could clarify that for me.

My understanding is that the UK has carried out a Census every decade since 1801, with the exception of the 1941 Census during World War II. It is of course the only time that everybody in the country is counted and the information is used by the Government to determine spending priorities and to track population movements. In addition, academics, charities and religious organisations all use information gathered in the Census, because it asks wide-ranging questions in relation to people’s households, nationality, faith and marital status. The information is also of great interest to many members of the public. The online publication of the 1911 Census, for instance, was a very great success and hugely popular. I understand that 3 million people accessed the data within a few months of its being established.

I would just like to ask the noble Lord to comment on the remarks of Geoffrey Robertson QC, a constitutional barrister, who said the news was regrettable since some sort of count had been carried out by the monarchical government for almost 1,000 years. He said that future historians will be less able to interpret Britain in the Cameron-Clegg era as a result of this decision. He actually went on to say that perhaps that is the reason for this, but I do not accuse the noble Lord of that. I would also refer him to the remarks of David Green, the director of the Civitas think tank, who said the decision was a terrible mistake. It is a question of whether alternatives are reliable. The Census is expensive but he thinks it is worth the money for historic continuity.

I realise that this widens the debate a little, but as this order actually sets the conditions under which the authority can test alternatives to the normal Census, it would be good to get an early indication of the Government’s thinking. I am particularly interested in the opportunities for future parliamentary scrutiny if the Government go down the route of cancelling the 2021 Census and using the powers given in this order to adopt a rather different approach.

[Lord Wallace of Saltaire]

My Lords, I thank the noble Lord for those comments and can tell him that the Beyond 2011 programme regularly reports to Ministers and these reports will be published on the ONS website, so they will reported in a form that will be easily accessible to noble Lords and others who are interested. The most important question which he posed is what will happen to the 2021 Census. My clear understanding is that the decision will not be taken until 2014 or later, and the purpose of these data exchanges and this data-sharing is to discover, first, how accurate the 2011 Census has been and, secondly, whether there are alternatives to continuing to conduct a Census of this sort.

There are costs, benefits, advantages and disadvantages to maintaining the traditional Census. As I understand it, the first Census was conducted in 1841. I say this from my historical knowledge since I can trace my family back to 1801, precisely because one of my ancestors was 40 in 1841 so one could get him back to where he had been born.

[Lord Hunt of Kings Heath]

My Lords, rather like the sixties, does the noble Lord’s memory go back that far?

[Lord Wallace of Saltaire]

I hope so. It is possible that censuses have gone back further. I have at the back of my mind something that says a decree went out from Caesar Augustus that all the world should be taxed. That, of course, was a census of some sort which I think was just before they managed to conquer this country, so “all the world” was a bit of an exaggeration.

The problem of the future of the Census is this: the Census of 1911 and earlier ones are tremendously interesting in their historical information for all of us. I have certainly looked at the 1911 Census and in our hall in Saltaire we have lists of everyone who lived in the house every 10 years from when the house was built to 1911. Yet how much money should one spend to provide historical information to the next generation but one? That is one question with which the Government have to be concerned.

We are somewhat impressed that Census information has got less accurate as family circumstances have become much more complicated. Children live in two houses because their parents are separated and people move around much more rapidly. With a much more mobile society in which young people, particularly young males, do not register with doctors or fill in forms, there are substantial problems in counting population. As we all know, for Government and particularly for local authorities, accurate assessment of how many people are living in your area is of considerable importance, so the purpose of this entire ONS programme is to see whether there are better alternatives to provide efficient and differentiated population statistics. It brings together a range of information now available to different government departments under very strict conditions.

In the discussions that I have had with officials on this, I said that it is quite clear that we will need a Green Paper for 2014 to allow Parliament and the public to discuss the costs and benefits of retaining the traditional Census or of otherwise moving towards a different rolling programme. After all, the data revolution is making life astonishingly different from what it was. There are enormous advantages in the amount of data that can now be collected about us. However, we are all conscious that there are enormous dangers in allowing the state to collect too much information, and that is why this statutory instrument and the others in the programme are wrapped around with so many conditions.

I hope that I have provided sufficient reassurances to enable the Committee to accept the statutory instrument.

Motion agreed.