Draft Digital Government (Disclosure of Information) (Amendment) Regulations 2022

Sarah Owen Excerpts

Wednesday 19th October 2022 General Committees

[Sarah Owen (Luton North) (Lab)]

It is a pleasure to see you in the Chair, Ms Fovargue. I apologise that the relevant shadow Minister cannot join us today: I will do my best to fill her shoes on this important issue. The Opposition welcome this instrument. We are grateful that the Government are making efforts to communicate better with working families across the UK. Sadly that is especially needed now after the pain that has been inflicted on them through the economic chaos of the mini-Budget that left many families wondering how they can feed their children, heat their homes and keep a roof over their heads.

Whatever lifts the burden and makes families’ lives a little easier is to be welcomed. It is especially crucial to have such engagement with families with regard to the education and care of small children. We will always support and advocate for more measures that help each child have a strong start in life. Therefore, we will not oppose the regulations today. I wish only to ask some questions and probe the legislation so that it is as strong as possible.

With that in mind, would the Government share in more detail how they intend to address concerns around data-sharing processes and how they will ensure that the data is not misused? I know the Minister touched on that issue, but given that we are talking about very young children and potentially very vulnerable families, it would be good if he could elaborate a little more on that important point. Can the Government also advise of any other objectives in England or any of the devolved nations that could be better served if information were shared by central Government using provisions under the Act? Will the Government review other possible avenues at a later date?

A significant criticism of the Government’s pandemic response was central Government not sharing data with local authorities for the purpose of things such as test and trace. Could a similar SI be laid in the future to ensure better communication between central and local government on objectives relating to public safety? Those are our questions at present, but as stated, we are content to see the regulations pass today.

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[Brendan Clarke-Smith]

I would like to address some of the points that have been made and to wish the hon. Member for Putney, who is unable to be with us today, a speedy recovery.

The hon. Member for Luton North made some sensible suggestions. First, on safeguards, we are aware of the risks regarding the misuse of people’s personal data. The data-sharing provisions in part 5 of the DEA include a number of robust safeguards. The most important, as we have mentioned, is compatibility with and strict adherence to the Data Protection Act 2018 and UK GDPR. The DEA also goes further. It includes a number of other safeguards, such as sanctions for unlawful disclosures, including custodial sentences in some cases. The public service delivery powers are permissive, which means that the authorities listed in schedule 4 can choose whether to use them or not, and that safeguarding prevents inappropriate data-sharing.

[Sarah Owen]

I appreciate the severity of those reprimands should data breaches take place, but could the Minister tell us how many people have actually received custodial sentences as a result of a data breach? We are talking about particularly young people’s data, so I want to ensure that the existing regulations are tight enough.

[Brendan Clarke-Smith]

I am happy to write to the hon. Member with the exact figures, so that there is a record of them. I share her concern; it is important that appropriate enforcement action is taken.

As new public service delivery objectives are created by regulations under the affirmative procedure, new objectives will be defined before data sharing can commence, and that will follow public consultation and parliamentary scrutiny.

The public service delivery powers have not yet commenced in Northern Ireland; the policy does not apply there at the moment. The objective relates only to Scotland; however, our respective officials have engaged on the possibility of having equivalent objectives for Northern Ireland. We recognise that that would be contingent on the commencement of devolved government in Northern Ireland.

With regard to statutory instruments, the UK Government are taking the objective forward at the request of the Scottish Government. The territorial extent of the regulations is the UK, but the regulations apply in England and Scotland only. The Government are required to consult the devolved Administrations, and formal consultation was carried out with them. Furthermore, there is ongoing liaison at official level to ensure that the views of Welsh and Northern Irish colleagues are fully accounted for. On the point that the hon. Member for Luton North made about SIs, I am more than happy to provide information on where we are on that.

The hon. Member for Aberdeen North is clearly passionate about making sure that we deliver the funding to those who are eligible; that is what this is all about. We already get the relevant information from Scotland; it is important that we reciprocate.

The objective will benefit Scottish families with eligible two-year-olds by increasing their access to funded early learning and childcare. If eligible families were to purchase the funded hours, it would cost them around £5,000 per eligible child per year. Another benefit for families is the narrowing of the poverty-related outcomes gap for children facing the most disadvantage. As the hon. Member for City of Chester said, that is very important. We want to make sure that we support families. I have a young family and have benefited from various Government schemes. I do not know how our working family would have managed without them, so I speak from first-hand experience. I fully take on board what he said. As for other benefits, the objective will provide parents with increased opportunities to be in work, training or study, and will improve family wellbeing.

I thank the Committee for taking the time to scrutinise the draft regulations, which will enable more effective use of data, so that we can better support the most vulnerable in society and deliver better outcomes for our citizens. I hope that colleagues will join me in supporting the regulations, which I commend to the Committee.

Question put and agreed to.