House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

11

House of Commons

Thursday 10 October 2013

Public Bill Committee Proceedings

Defence Reform Bill

[SEVENTH AND EIGHTH SITTINGS]

Alison Seabeck

Mr Kevan Jones

Withdrawn  11

Clause  6,  page  5,  line  28,  after ‘State’ insert ‘, in accordance with any instruction or

guidance that the Secretary of State may provide.’.

Alison Seabeck

Mr Kevan Jones

Withdrawn  9

Schedule  2,  page  34,  leave out from line 5 to line 7 on page 36 and insert—

‘Information to which Schedule applies

1    (1)
This Schedule applies to information if—

(a)
it was obtained by the Secretary of State or the contractor under or by

virtue of this Part or otherwise in connection with the carrying out of

functions under or by virtue of this Part, or is derived to any extent

from information that was so obtained, and

(b)
it relates to the affairs of an individual or to a particular business,

      (2)
Information ceases to be information to which this Schedule applies—

(a)
in the case of information relating to the affairs of an individual, when

the individual dies, and

(b)
in the case of information relating to a particular business, on the

earlier of—

(i)
the day on which the business ceases to be carried on, and

(ii)
the end of the period of 30 years beginning with the date on

which the information was obtained by the Secretary of State

or the contractor.

Offence of disclosing information

2    (1)
A person commits an offence if—

(a)
the person discloses information, or

Public Bill Committee Proceedings: 10 October 2013
12

Defence Reform Bill, continued

(b)
information is disclosed or lost as a result of the person‘s failure to

prevent the disclosure or loss through measures taken under sub-

paragraph (2), and

(c)
it is information to which this Schedule applies.

      (2)
A person holding information to which this Schedule applies must take

adequate technical and organisational measures against unauthorised or

unlawful disclosure of, and against accidental loss of, the information.

      (3)
Sub-paragraph (1) is subject to paragraphs 4 to 6.

      (4)
A person who is guilty of an offence under sub-paragraph (1) is liable—

(a)
on summary conviction, to imprisonment for not more than 12 months

or to a fine not exceeding the statutory maximum (or both), or

(b)
on conviction on indictment, to imprisonment for not more than two

years or to a fine (or both).

      (5)
The reference in sub-paragraph (4)(a) to 12 months is to be read as a reference

to 6 months—

(a)
in its application to England and Wales in relation to an offence

committed before the date on which section 154(1) of the Criminal

Justice Act 2003 comes into force, and

(b)
in its application to Northern Ireland.

      (6)
If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act

2012 comes into force on or before the day on which this Act is passed—

(a)
Section 85 of that Act (removal of limit on certain fines on conviction

by magistrates’ court) applies in relation to an offence under sub-

paragraph (1) on and after that day as if it were a relevant offence (as

defined in section 85(3) of that Act), and

(b)
regulations described in section 85(11) of that Act may amend, repeal

or otherwise modify sub-paragraph (43)(a).

Disclosure with consent

3
Paragraph 2(1) does not apply to a disclosure made with the consent of—

(a)
the individual, or

(b)
the person for the time being carrying on the business (or, where there

are two or more such persons, all those persons).

Disclosure of information already available to public

4
Paragraph 2(1) does not apply to information that has been made available to

the public by being lawfully disclosed in circumstances in which, or for a

purpose for which, disclosure is not precluded by this Schedule.

Other permitted disclosures

5    (1)
Paragraph 2(1) does not apply where information is disclosed—

(a)
for the purpose of facilitating the carrying out of functions of a

Minister of the Crown (within the meaning of the Ministers of the

Crown Act 1975),

(b)
for the purpose of facilitating the carrying out by the SSRO of any of

its functions,

(c)
for the purpose of enabling or assisting an authorised person to carry

out any of its functions,

(d)
for the purpose of enabling or assisting a contractor to provide defence

procurement services to the Secretary of State by virtue of

arrangements mentioned in section 1,

Public Bill Committee Proceedings: 10 October 2013
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Defence Reform Bill, continued

(e)
to the person from whom the information was obtained or, where that

person is associated with one or more other persons, to any such

associated person,

(f)
by a person to whom the information is disclosed by virtue of

paragraph (e),

(g)
under the Freedom of Information Act 2000 where there is a

requirement to disclose notwithstanding available defences,

(h)
in connection with the investigation of a criminal offence or for the

purposes of criminal proceedings,

(i)
for the purposes of civil proceedings,

(j)
in pursuance of an EU obligation,

(k)
for the purpose of facilitating the carrying out by the Comptroller and

Auditor General of functions, or

(l)
in anonymised form.

      (2)
In sub-paragraph (1)(d), “contractor” and “defence procurement services”

have the same meanings as in Part 1.

      (3)
For the purposes of sub-paragraph (1)(l), information is disclosed in

anonymised form if no individual or other person to whom the information

relates can be identified from it.

      (4)
For the purposes of sub-paragraph (1), disclosures under paragraph 5(1)(a) to

(d) and paragraph 5(1)(h) to (k) must be strictly necessary for the purpose,

made in confidence and paragraph 2(1) applies to the recipient of that

disclosure.

      (5)
Prior to making a disclosure under paragraph 5(1)(a) to (d) or paragraph

5(1)(h) to (k), the individual or business to which the information relates must

be notified of the intended disclosure and must have the opportunity to

challenge that disclosure.

Power to prohibit disclosure

6    (1)
The Secretary of State may by order—

(a)
prohibit the disclosure of information to which this Schedule applies;

(b)
provide that a prohibition imposed by virtue of paragraph (a) is subject

to exceptions corresponding to those set out in paragraphs 3 to 5 (other

than paragraph 5(1)(g));

(c)
provide that a person who discloses information in contravention of

such a prohibition commits an offence punishable—

(i)
on summary conviction, with imprisonment for not more than

12 months or with a fine not exceeding the statutory

maximum (or both), or

(ii)
on conviction on indictment, with imprisonment for not more

than two years or with a fine (or both).

      (2)
The reference in sub-paragraph (1)(c)(i) to 12 months is to be read as a

reference to six months—

(a)
in its application to England and Wales in relation to an offence

committed before the date on which section 154(1) of the Criminal

Justice Act 2003 comes into force, and

(b)
in its application to Northern Ireland.

      (3)
An order under sub-paragraph (1) may repeal paragraphs 2 to 5.

      (4)
If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act

2012 comes into force on or before the day on which this Act is passed—

(a)
section 85 of that Act (removal of limit on certain fines on conviction

by magistrates’ court) applies in relation to the power under sub-

Public Bill Committee Proceedings: 10 October 2013
14

Defence Reform Bill, continued

paragraph (1)(c)(i) on or after that day as if it were a relevant power

(as defined in section 85(3) of that Act), and

(b)
regulations described in section 85(11) of that Act may amend, repeal

or otherwise modify sub-paragraph (1)(c)(i).

      (5)
An order under sub-paragraph (1) is to be made by statutory instrument.

      (6)
A statutory instrument containing an order under sub-paragraph (1) may not be

made unless a draft of it has been laid before, and approved by a resolution of,

each House of Parliament.

Authority to inspect measures to protect information

7    (1)
A person holding information to which this Schedule applies must permit an

industry body, acting on behalf of the owner of that information, within six

months of the relevant date and subsequently every three years, on reasonable

prior written notice and on reasonable confidentiality and other undertakings,

to audit and inspect the person‘s technical and organisational measures for

protecting that information in compliance with this Schedule.

      (2)
A person holding information to which this Schedule applies must comply

with all reasonable requests or directions by the industry body to enable the

industry body to verify that the person is in compliance with their obligations

under this Schedule.

      (3)
The industry body must provide a report of its findings on each inspection to

the Secretary of State within three months of that inspection. The industry

body may publish each report within six months of that inspection and must

include with each report any response made by the Secretary of State to that

report.’.

[Adjourned until Tuesday 15 October at 8.55 am



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