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Lord Milner of Leeds: My Lords, I am rather confused by Amendments Nos. 79, 80 and 81, all of which refer to line 10 on page 37 of the Bill. Amendment No. 79 reads,


Amendment No. 80,


    "after '2' insert 'or 8A'",

and Amendment No. 81 proposes to leave out the word "or". Can my noble friend the Minister tell me how line 10 of that clause will read when amended?

Lord Falconer of Thoroton: My Lords, I cannot do so at present. Perhaps I may write to my noble friend in relation to his query.

On Question, Motion agreed to.

COMMONS AMENDMENT

106 Clause 69, page 40, leave out lines 7 to 10.

Lord Williams of Mostyn: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 106.

This is a purely procedural amendment. It takes away subsection (6) of Clause 69, which provides that nothing in the Bill imposes any charge on the people or on public funds. The provision was found necessary during the Bill's passage through this House--as will be notoriously well known to all but me--to avoid questions of privilege.

Moved, That the House do agree with the Commons in their Amendment No. 106.--(Lord Williams of Mostyn.)

On Question, Motion agreed to.

10 Jul 1998 : Column 1509

COMMONS AMENDMENTS


107 Schedule 1, page 42, line 13, after 'where' insert 'at that time'.
108 Page 42, line 15, leave out 'information contained in the data is' and insert 'data are'.
109 Page 42, line 16, leave out 'information contained in the data is' and insert 'data are'.
110 Page 43, leave out line 12.
111 Page 43, line 23, leave out from 'information' to 'in' in line 24.
112 Page 43, line 29, leave out from 'section' to 'or' in line 30.
113 Page 43, line 44, leave out 'staff' and insert 'employees'.
114 Schedule 3, page 46, line 21, at end insert--
'(2) The Secretary of State may by order--
(a) exclude the application of sub-paragraph (1) in such cases as may be specified, or
(b) provide that, in such cases as may be specified, the condition in sub-paragraph (1) is not to be regarded as satisfied unless such further conditions as may be specified in the order are also satisfied.'.
115 Page 46, line 29, at end insert--
'8A.--(1) The processing--
(a) is of sensitive personal data consisting of information as to racial or ethnic origin,
(b) is necessary for the purpose of identifying or keeping under review the existence or absence of equality of opportunity or treatment between persons of different racial or ethnic origins, with a view to enabling such equality to be promoted or maintained, and
(c) is carried out with appropriate safeguards for the rights and freedoms of data subjects.
(2) The Secretary of State may by order specify circumstances in which processing falling within sub-paragraph (1)(a) and (b) is, or is not, to be taken for the purposes of sub-paragraph (1)(c) to be carried out with appropriate safeguards for the rights and freedoms of data subjects.'.
116 Schedule 7, page 53, line 6, at end insert--

'Corporate finance

5A.--(1) Where personal data are processed for the purposes of, or in connection with, a corporate finance service provided by a relevant person--
(a) the data are exempt from the subject information provisions in any case to the extent to which either--
(i) the application of those provisions to the data could affect the price of any instrument which is already in existence or is to be or may be created, or
(ii) the data controller reasonably believes that the application of those provisions to the data could affect the price of any such instrument, and
(b) to the extent that the data are not exempt from the subject information provisions by virtue of paragraph (a), they are exempt from those provisions if the exemption is required for the purpose of safeguarding an important economic or financial interest of the United Kingdom.

10 Jul 1998 : Column 1510


(2) For the purposes of sub-paragraph (1)(b) the Secretary of State may by order specify--
(a) matters to be taken into account in determining whether exemption from the subject information provisions is required for the purpose of safeguarding an important economic or financial interest of the United Kingdom, or
(b) circumstances in which exemption from those provisions is, or is not, to be taken to be required for that purpose.
(3) In this paragraph--
"corporate finance service" means a service consisting in--
(a) underwriting in respect of issues of, or the placing of issues of, any instrument,
(b) advice to undertakings on capital structure, industrial strategy and related matters and advice and service relating to mergers and the purchase of undertakings, or
(c) services relating to such underwriting as is mentioned in paragraph (a);
"instrument" means any instrument listed in section B of the Annex to the Council Directive on investment services in the securities field (No. 93/22/EEC), as set out in Schedule 1 to the Investment Services Regulations 1995;
"price" includes value;
"relevant person" means--
(a) any person who is authorised under Chapter III of Part I of the Financial Services Act 1986 or is an exempted person under Chapter IV of Part I of that Act,
(b) any person who, but for Part III or IV of Schedule 1 to that Act, would require authorisation under that Act,
(c) any European investment firm within the meaning given by Regulation 3 of the Investment Services Regulations 1995,
(d) any person who, in the course of his employment, provides to his employer a service falling within paragraph (b) or (c) of the definition of "corporate finance service", or
(e) any partner who provides to other partners in the partnership a service falling within either of those paragraphs.'.
117 Page 54, leave out lines 1 to 7.
118 Page 54, line 14, leave out 'if' and insert 'to the extent that'.


119 Schedule 8, page 54, line 39, after first 'data' insert ', other than data forming part of an accessible record,'.
120 Page 54, line 40, at end insert--
'(2) This paragraph does not apply to eligible manual data to which paragraph 2B applies.'.
121 Page 54, line 40, at end insert--
'2A.--(1) This paragraph applies to--
(a) eligible manual data forming part of an accessible record, and
(b) personal data which fall within paragraph (d) of the definition of "data" in section 1(1) but which, because they are not subject to processing which was already under way immediately before 24th October 1998, are not eligible data for the purposes of this Schedule.
(2) During the first transitional period, data to which this paragraph applies are exempt from--
(a) the data protection principles, except the sixth principle so far as relating to sections 7 and 13A,

10 Jul 1998 : Column 1511


(b) Part II of this Act, except--
(i) section 7 (as it has effect subject to section 8) and section 13A, and
(ii) section 14 so far as relating to those sections, and
(c) Part III of this Act.'.
122 Page 54, line 40, at end insert--
'2B.--(1) This paragraph applies to eligible manual data which consist of information relevant to the financial standing of the data subject and in respect of which the data controller is a credit reference agency.
(2) During the first transitional period, data to which this paragraph applies are exempt from--
(a) the data protection principles, except the sixth principle so far as relating to sections 7 and 13A,
(b) Part II of this Act, except--
(i) section 7 (as it has effect subject to sections 8 and (Application of section 7 where data controller is credit reference agency)) and section 13A, and
(ii) section 14 so far as relating to those sections, and
(c) Part III of this Act.'.
123 Page 57, leave out lines 6 to 12.
124 Page 57, line 16, leave out from beginning to 'are' in line 17 and insert--
'13.--(1) This paragraph applies to--
(a) eligible manual data which were held immediately before 24th October 1998, and
(b) personal data which fall within paragraph (d) of the definition of "data" in section 1(1) but do not fall within paragraph (a) of this sub-paragraph,
but does not apply to eligible manual data to which the exemption in paragraph 15 applies.
(2) During the second transitional period, data to which this paragraph applies'.
125 Page 57, line 22, leave out '12' and insert '12(1) to (3)'.


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