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Baroness Nicholas of Winterbourne: My Lords, I welcome the amendment and thank the noble and learned Lord the Minister for his clear exposition of how the Government have reached this satisfactory conclusion. It is good to know that the noble and learned Lord has accepted the intellectual reasoning that was put forward from all sides of the House in the earlier debate. I feel confident that it was only pressure of time which held back the Government from putting forward at that time what I and others consider to be this exceptionally appropriate amendment.

Lord Renton: My Lords, I do not wish to be churlish and, like the noble Baroness, I broadly congratulate the Government on their changes of mind in the re-drafting of Clause 28. However, Clause 28 seems to go much further than the concern of taxpayers.

Subsection (1) states:


that is crime at large, not merely confined to taxpaying--


    "the apprehension or prosecution of offenders"--
that also is very wide; and the subsection goes wider still--


    "the assessment or collection of any tax or duty or of any imposition of a similar nature".
It is an important clause. The amendment that has been made, acceptable though it is, may give rise in years to come to problems of application rather than interpretation. Although I believe that it is wise of the Government to make this and other consequential amendments in relation to Clause 28, the way in which in future it affects the liberty of the subject should be borne in mind.

Viscount Astor: My Lords, the noble and learned Lord suffered what I might call a pincer movement at Third Reading in your Lordships' House. The noble

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Baroness, Lady Nicholson, and I, persuaded the Government to remove the clause so that we could ensure--although the Government had agreed to consider it--that the measure would come back to your Lordships' House and we would have another chance to debate it.

We welcome the changes. They are exactly what is needed. My noble friend, Lord Renton, is right: the provision is wider than just tax collection. It is about the enforcement of the law, and investigation of crime. It is limited in its purposes to the prevention and detection of crime. There is always concern that the powers will be used too widely. That was our concern when we debated the clause originally. The Government have taken that on and narrowed it. It is an issue that will always have to be considered in the future.

We welcome the clarification about the role of the ombudsmen. It is an important clarification because it provides a degree of protection for the public.

Lord Falconer of Thoroton: My Lords, perhaps I may deal with the point raised by the noble Lord, Lord Renton. The concerns expressed by the noble Viscount, Lord Astor, and the noble Baroness Lady Nicholson of Winterbottom, related to what was then Clause 28(4). Clause 28(4) gave a wide order-making power which permitted the orders to be made to exempt various aspects of the Bill. They went wider than the targeted exemption which is now set out on the face of what is now Clause 29(4). I believe that that was the concern, and not Clause 29(1).

The noble Lord is absolutely right to say that Clause 29(1) includes and refers to the prevention and detection of crime. But that was not something about which concern was expressed. That was acceptable to this House. It was the wide order-making power in what was then Clause 28(4) to which the House objected and it removed that clause altogether.

The noble Lord is right in what he says about what is now Clause 29(1) but that was not the problem. Therefore the noble Lord is right to say that it applies to crime but that was not the problem at the time. The problem was the order-making power in what was Clause 28(4). Therefore, what I said in my opening remarks was entirely accurate. It is limited to what it says in Clause 29(4).

Finally, in relation to what the noble Viscount, Lord Astor, said, I should not take credit for any of this. He will remember that we were not persuaded; we were out-voted.

On Question, Motion agreed to.

COMMONS AMENDMENTS

50

Clause 29, page 18, line 11, at end insert--


'(1A) The Secretary of State may by order exempt from the subject information provisions, or modify those provisions in relation to--
(a) personal data in respect of which the data controller is the proprietor of, or a teacher at, a school, and which consist of information relating to persons who are or have been pupils at the school, or

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(b) personal data in respect of which the data controller is an education authority in Scotland, and which consist of information relating to persons who are receiving, or have received, further education provided by the authority.'.
51

Page 18, line 27, at end insert--


'( ) In this section--
"education authority" and "further education" have the same meaning as in the Education (Scotland) Act 1980 ("the 1980 Act"), and
"proprietor"--
(a) in relation to a school in England or Wales, has the same meaning as in the Education Act 1996,
(b) in relation to a school in Scotland, means--
(i) in the case of a self-governing school, the board of management within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989,
(ii) in the case of an independent school, the proprietor within the meaning of the 1980 Act,
(iii) in the case of a grant aided school, the managers within the meaning of the 1980 Act, and
(iv) in the case of a public school, the education authority within the meaning of the 1980 Act, and
(c) in relation to a school in Northern Ireland, has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 and includes, in the case of a controlled school, the Board of Governors of the school.'.
52 Clause 30, page 18, line 29, leave out 'section' and insert 'subsection'.
53 Page 18, line 33, leave out 'This section' and insert 'Subsection (1)'.
54 Page 18, line 42, leave out from beginning to 'or'.
55 Page 19, line 9, leave out 'this section' and insert 'subsection (2)'.
56 Page 19, line 14, at end insert--
'( ) Personal data processed for the purpose of discharging any function which--
(a) is conferred by or under any enactment on--
(i) the Parliamentary Commissioner for Administration,
(ii) the Commission for Local Administration in England, the Commission for Local Administration in Wales or the Commissioner for Local Administration in Scotland,
(iii) the Health Service Commissioner for England, the Health Service Commissioner for Wales or the Health Service Commissioner for Scotland,
(iv) the Welsh Administration Ombudsman,
(v) the Assembly Ombudsman for Northern Ireland, or
(vi) the Northern Ireland Commissioner for Complaints, and
(b) is designed for protecting members of the public against--
(i) maladministration by public bodies,
(ii) failures in services provided by public bodies, or

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(iii) a failure of a public body to provide a service which it was a function of the body to provide,
are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.'.
57 Page 19, line 14, at end insert--
'( ) Personal data processed for the purpose of discharging any function which--
(a) is conferred by or under any enactment on the Director General of Fair Trading, and
(b) is designed--
(i) for protecting members of the public against conduct which may adversely affect their interests by persons carrying on a business,
(ii) for regulating agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition in connection with any commercial activity, or
(iii) for regulating conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market,
are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.'.

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 50 to 57.

Moved, That the House do agree with the Commons in their Amendments Nos. 50 to 57.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

58 Clause 31, page 19, line 31, leave out & 12' and insert '12(1) to (3)'.
59 Clause 33, page 21, line 3, leave out '12' and insert '12(1) to (3)'.

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 58 and 59.

Moved, That the House do agree with the Commons in their Amendments Nos. 58 and 59.--(Lord Williams of Mostyn.)


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