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9 pm

Mr. Shepherd: I am extremely disappointed by that reply. I took the trouble to provide the Government with my notes for the debate, and I thought that they would address the issues raised in those notes. However, they have not done so. I thought that there were some benefits in my approach. I was being helpful on the White Paper. There is a muddle, and there is grave concern about how matters interrelate, so I was trying to set out the position. I was also trying to state clearly the anxieties expressed by the Data Protection Registrar, Mrs. France, and by professionals in the field.

I was trying to assist the Government by preventing the need for this business to return to the House once the Lords have amended the Bill along my lines. There is one simple problem in both the Government's amendment and my amendments. My argument is that "necessary" would remain a problem under the amendments. Amendment No. 18 was my fallback position, and I was pleased to see the Government withdraw the substantial point. However, "necessary" is being retained, and that reminds me of my experience under Governments of my own party and their unwillingness to yield once Government amendments had been set out. "Necessary" will remain a problem. A disclosure merely desirable, but not necessary, in the public interest would not be permitted under amendment No. 46. The Minister simply has not addressed that point, although it is of the essence. Perhaps he will consult his colleagues and the civil servants in their Box.

I would gladly not press amendment No. 18 if the Government would not press amendment No. 46. Then we would have a good raft of amendments that would satisfy the House of Lords. We could prevent the need for the matter to come back.

Mr. George Howarth: I have listened carefully to the hon. Gentleman; I hold him in the highest regard. I did not have the opportunity to read the notes that he sent to the Home Office, and I apologise for that. I do not believe, however, that his concerns need to be dealt with in the way he states, because the Government amendments go far enough. I will be sorry if the hon. Gentleman does not feel able to withdraw his amendment. He will be able to revisit the matter, as will the House, under the general heading of freedom of information.

I am loth to say more because I sat through long hours of debate on the Maastricht treaty, and I know of the hon. Gentleman's enormous potential to speak again with alarming frequency and great lucidity. I am desperately anxious not to tempt him to do so.

2 Jul 1998 : Column 605

Mr. Greenway: The House is in a dilemma. We have only the prospect that the Government's amendment is likely to be carried, and we have to face that reality. Yet that amendment includes the word "necessary" and I agree with my hon. Friend the Member for Aldridge-Brownhills (Mr. Shepherd) that that word is not required. I am being helpful to the Minister when I say that the House can only accept the Government amendment, but the Government must expect that amendment to be amended in the other place because my hon. Friend's arguments are extremely valid.

The word "necessary" is unnecessary. It is not applied in other parts of the Bill. The only opportunity open to us now is to accept the Government amendment. If the House does so, I ask the Government to think again so that when the Bill goes to the other place the word "necessary" can be deleted.

Mr. Shepherd: I am grateful to my hon. Friend the Member for Ryedale (Mr. Greenway), and I am concerned.

I made out a case which I tried to get to the Whips because I understand the urgency with which the Government have to manage their programme. These were detailed arguments, but they were not addressed in detail. I am genuinely disappointed by the points made about the word "necessary". I hope that the House will have to return to the matter; the Lords will take an interest in this.

The Government moved favourable amendments--I congratulate them on that--as a consequence of the Lords taking a view on certain parts of the Bill. I have no doubt that our liberty is in the interstices of the details of Bills such as this. The matter is extremely important which is why I should have liked a more sympathetic response. The Government have moved some of the way, but I ask them to reflect on what that simple word "necessary" means to the burden of the argument as contained in the clause. Accordingly and with the advice and guidance of my good and hon. Friend, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 43

Information notices

Amendment made: No. 39, in page 26, leave out from end of line 5 to second 'the' in line 6 and insert
'and, if such an appeal is brought,'.--[Mr. Hoon.]

Clause 44

Special Information notices

Amendments made: No. 40, in page 26, line 36, leave out from 'which' to end of line 37 and insert
'proceedings have been stayed under section 32'.
No. 41, in page 27, leave out from end of line 18 to second 'the' in line 19 and insert
'and, if such an appeal is brought,'.--[Mr. Hoon.]

Clause 51

General duties of Commissioner

Amendment made: No. 42, in page 31, line 14, leave out 'observance' and insert 'following'.--[Mr. Hoon.]

2 Jul 1998 : Column 606

Clause 53

Assistance by Commissioner in cases involving processing for the special purposes

Amendment made: No. 43, in page 31, line 33, leave out 'brings' and insert
'is an actual or prospective party to'.--[Mr. Hoon.]

Clause 57

Avoidance of certain contractual terms relating to health records

Amendments made: No. 44, in page 36, line 8, after 'individual' insert--
'(a)''.
No. 45, in page 36, line 9, at end insert
'or
(b) to produce to any other person such a record, copy or part.'.--[Mr. George Howarth.]

Clause 59

Confidentiality of information

Amendment made: No. 46, in page 36, line 44, leave out 'for reasons of substantial' and insert 'in the'.--[Mr. George Howarth.]

Clause 60

Prosecutions and Penalties

Amendment made: No. 79, in page 37, line 20, after '56,' insert--
'( ) an offence under section 21(2) relating to processing which is assessable processing for the purposes of section 22,'.--[Mr. George Howarth.]

Clause 68

Meaning of "accessible record"

Amendment made: No. 85, in page 41, line 41, after '(2),' insert--
'(aa) an educational record as defined by Schedule (Meaning of "educational record"),'.--[Mr. George Howarth.]

Clause 70

Supplementary definitions

Amendments made: No. 86, in page 43, line 26, at end insert--
' "pupil"--
(a) in relation to a school in England and Wales, means a registered pupil within the meaning of the Education Act 1996,
(b) in relation to a school in Scotland, means a pupil within the meaning of the Education (Scotland) Act 1980, and
(c) in relation to a school in Northern Ireland, means a registered pupil within the meaning of the Education and Libraries (Northern Ireland) Order 1986;'

2 Jul 1998 : Column 607

No. 87, in page 43, line 37, at end insert--
' "school"--
(a) in relation to England and Wales, has the same meaning as in the Education Act 1996,
(b) in relation to Scotland, has the same meaning as in the Education (Scotland) Act 1980, and
(c) in relation to Northern Ireland, has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986;
"teacher" includes--
(a) in Great Britain, head teacher, and
(b) in Northern Ireland, the principal of a school;'.--[Mr. George Howarth.]

Clause 71

Index of defined expressions

Amendments made: No. 47, in page 44, line 17, at end insert--

'enactment

section 70(1)'.

No. 88, in page 44, line 35, at end insert--

'pupil (in relation to a school)

section 70(1)'.

No. 89, in page 44, line 40, at end insert--

'school

section 70(1)'.

No. 90, in page 44, line 44, at end insert--

'teacher

section 70(1)'.

No. 48, in page 44, leave out line 47.--[Mr. George Howarth.]

Clause 75

Short title, commencement and extent

Amendments made: No. 49, in page 45, line 13, after 'section' insert--
'(ee) paragraph 17 of Schedule 5,'.
No. 91, in page 45, line 13, after 'section' insert--
'(ef) Schedule (Meaning of "educational record"),'.
No. 50, in page 45, line 13, after 'section' insert--
'(eg) Schedule 11.--[Mr. George Howarth.]

New Schedule

Meaning of "educational record"

'Meaning of "educational record" for purposes of section 68
1. For the purposes of section 68 "educational record" means any record to which paragraph 2, 5 or 7 applies. England and Wales
2. This paragraph applies to any record of information which--
(a) is processed by or on behalf of the governing body of, or a teacher at, any school in England and Wales specified in paragraph 3,
(b) relates to any person who is or has been a pupil at the school, and
(c) originated from or was supplied by or on behalf of any of the persons specified in paragraph 4,
other than information which is processed by a teacher solely for the teacher's own use.
3. The schools referred to in paragraph 2(a) are--
(a) a school maintained by a local education authority, and

2 Jul 1998 : Column 608

(b) a special school, as defined by section 6(2) of the Education Act 1996, which is not so maintained.
4. The persons referred to in paragraph 2(c) are--
(a) an employee of the local education authority which maintains the school,
(b) in the case of--
(i) a voluntary aided, foundation or foundation special school (within the meaning of the School Standards and Framework Act 1998), or
(ii) a special school which is not maintained by a local eduction authority,
a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services),
(c) the pupil to whom the record relates, and
(d) a parent (as defined by section 576(1) of the Education Act 1996) of that pupil. Scotland
5. This paragraph applies to any record of information which is processed--
(a) by an education authority in Scotland, and
(b) for the purpose of the relevant function of the authority,
other than information which is processed by a teacher solely for the teacher's own use.
6. For the purposes of paragraph 5--
(a) "education authority" means an education authority within the meaning of the Education (Scotland) Act 1980 ("the 1980 Act") or, in relation to a self-governing school, the board of management within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989 ("the 1989 Act"),
(b) "the relevant function" means, in relation to each of those authorities, their function under section 1 of the 1980 Act and section 7(1) of the 1989 Act, and
(c) information processed by an education authority is processed for the purpose of the relevant function of the authority if the processing relates to the discharge of that function in respect of a person--
(i) who is or has been a pupil in a school provided by the authority, or
(ii) who receives, or has received, further education (within the meaning of the 1980 Act) so provided. Northern Ireland
7.--(1) This paragraph applies to any record of information which--
(a) is processed by or on behalf of the Board of Governors of, or a teacher at, any grant-aided school in Northern Ireland,
(b) relates to any person who is or has been a pupil at the school, and
(c) originated from or was supplied by or on behalf of any of the persons specified in paragraph 8,
other than information which is processed by a teacher solely for the teacher's own use.
(2) In sub-paragraph (1) "grant-aided school" has the same meaning as in the Education and Libraries (Northern Ireland) Order 1986.
8. The persons referred to in paragraph 7(1) are--
(a) a teacher at the school,
(b) an employee of an education and library board, other than such a teacher,

2 Jul 1998 : Column 609

(c) the pupil to whom the record relates, and
(d) a parent (as defined by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986) of that pupil. England and Wales: transitory provisions
9.--(1) Until the appointed day within the meaning of section 20 of the School Standards and Framework Act 1998, this Schedule shall have effect subject to following modifications.
(2) Paragraph 3 shall have effect as if for paragraph (b) and the "and" immediately preceding it there were substituted--
"(aa) a grant-maintained school, as defined by section 183(1) of the Education Act 1996,
(ab) a grant-maintained special school, as defined by section 337(4) of that Act, and
(b) a special school, as defined by section 6(2) of that Act, which is neither a maintained special school, as defined by section 337(3) of that Act, nor a grant-maintained special school."
(3) Paragraph 4(b)(i) shall have effect as if for the words from "foundation", in the first place where it occurs, to "1998)" there were substituted "or grant-maintained school"'.--[Mr. Hoon.]
Brought up, read the First and Second time, and added to the Bill.

Schedule 1

The Data Protection Principles

Amendments made: No. 51, in page 47, line 13, after 'where' insert 'at that time'.
No. 52, in page 47, line 15, leave out
'information contained in the data is'
and insert 'data are'.
No. 53, in page 47, line 16, leave out
'information contained in the data is'
and insert 'data are'.--[Mr. George Howarth.]

Mr. David Atkinson (Bournemouth, East): I beg to move amendment No. 14, in page 48, line 40, at end insert--

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