Mr. Dawson:
Is it not also the case that many deaths of children at the hands of parents and care givers come out of the blue as far as public agencies are concerned? Causes for concern would not be detected under the sort of system lamely proposed by Conservative Members.
Margaret Hodge:
I agree entirely. I am conscious that hon. Members want to discuss other issues and hope that the hon. Member for East Worthing and Shoreham (Tim Loughton) will accept that we had a full debate on that issue in Committee. I shall simply say this: the information databases that we propose are no more than tools to support professionals in working together better. If professionals work together better, they may be able to prevent some other child's death. The databases are tools to shift the emphasis in how we work from simply intervening to protect children when things go wrong to, as my hon. Friend the Member for Lancaster and Wyre (Mr. Dawson) said, trying to intervene earlier to prevent children from going wrong. They are no substitute for the many systems that we have in place.
I want briefly to deal with some of the new issues that were raised in the debate. The first concerns the integrated children's system, which was mentioned by the hon. Member for East Worthing and Shoreham. That is not the same as the information database, nor is it a national registerit is a framework for social services, working with children in need and their families. It will be supported by the computerisation of social services records that are currently kept on paper.
3.45 pm
As the hon. Gentleman well knows from the debate in Committee, those records would not appear on the databases where we are keeping the simple, basic information that can identify children and those who
2 Nov 2004 : Column 227
work with them. The integrated children's system will not contain information about all children, only the records generated by those working with children in need and it will not be accessed by all practitioners, only those working with the children who are specified. The hon. Gentleman's point was a red herring.
In new clause 4, the hon. Gentleman raises an issue that we did not have time to debate in Committee. I remind him, and my hon. Friend the Member for Leyton and Wanstead (Harry Cohen), that the databases will comply with the subject access provisions of the Data Protection Act 1998. That means that parents and children can exercise existing rights to see what information is held about them through a simple request to the database operator. They will be able to ask for inaccuracies to be corrected, and that must then happen.
Moreover, there are measures in criminal law that impose penalties for the misuse of data in computer records and under the DPA. It would be a breach of the fourth data protection principle, which deals with accuracy, knowingly to supply untrue data or to fail to delete inaccurate data. That can lead to enforcement procedures by the Information Commissioner; and failure to comply with an enforcement notice issued by the commissioner is a serious offence.
I do not want to return to the argument about a national database because the Committee in generalapart from the hon. Member for East Worthing and Shorehamsupported the need for it. He knows, however, that our thinking is along the same lines as his: that we should have local databases, some on a regional level, whether it be London or Greater Manchester. They need to be inoperable
Tim Loughton:
Interoperable.
Margaret Hodge:
I am sorrythe hon. Gentleman is right to correct me on that.
The Bill needs to provide for what we call the 151st system, which would ensure that all professionals know where to locate a child and that, if that child leaves one local authority area and moves to another, there is a system that holds a record of them until they re-emerge in another area.
I come to a concern that was expressed by several Members. The Bill contains a provision to enable a practitioner to inform another practitioner who subsequently accesses a child's record that they have a current concern about the child. That means that the second practitioner can see who else they should contact as a priority to determine whether their observations are related, so that together they can build a better all-round picture of the child's needs. That represents an added dimension to the information that the databases provide by simply holding the contact details of all the practitioners involved with a child. It will prompt contact and facilitate appropriate discussion to address the problem at an earlier stage. It is not a substitute for actionI said that in Committee and reiterate it today.
One would hope that in most cases placing a cause for concern on a database, as we suggested in the consultation document, would mean that the consent of
2 Nov 2004 : Column 228
the child and the family had been sought, and that only in the most exceptional circumstances where the child is at risk of harm and abuse would that happen without such consent.
I shall deal briefly with the important contribution made by my hon. Friend the Member for Leyton and Wanstead. I provided him with a written answer before the summer recess, in which I said that the databases would comply with the Data Protection Act 1998. I should also like to reassure him and all other hon. Members today. We are establishing a complex system and we need to work our way through a lot of difficult issues. Because we know that Members are concerned about these issues, we have said that we shall come back to both Houses of Parliament to seek affirmative resolutions as we go forward with the regulations and guidance. There is no hidden agenda here. There is no way in which any future Minister could misuse or abuse the powers in this part of the Bill. What we wish to do is move forward to try to establish better systems for sharing information. I hope that hon. Members will be satisfied by those added assurances.
Hon. Members have said that many children's organisations have concerns on this issue. Yes, but even during the first consultation on the first set of regulations, I have already had letters from organisations such as Barnardo's, the National Children's Bureau, the National Society for the Prevention of Cruelty to Children, and the Children's Society, all welcoming the consultation in which we are engaged and recognising that it is starting to deal with some of the concerns that they had expressed earlier. Yes, it is only a consultation document, but we will come back to both Houses and use the affirmative resolution procedure to ensure that we have the support of everyone as we move towards regulations. Not to take advantage of this opportunity to provide a tool for professionals to share information, so that they can prevent the unnecessary deaths that we have witnessed, such as that of little Victoria Climbié, would be to miss the opportunity of a lifetime. I am not prepared to do that, and I hope that all hon. Members will share my wish to move forward with this part of the Bill.
Question put, That the clause be read a Second time:
The House divided: Ayes 174, Noes 293.
Division No. 303
[3:52 pm
AYES
Ainsworth, Peter
(E Surrey)
Atkinson, Peter
(Hexham)
Baker, Norman
Baldry, Tony
Barker, Gregory
Baron, John
(Billericay)
Barrett, John
Beggs, Roy
(E Antrim)
Bercow, John
Beresford, Sir Paul
Blunt, Crispin
Boswell, Tim
Brady, Graham
Brake, Tom
(Carshalton)
Brazier, Julian
Breed, Colin
Brooke, Mrs Annette L.
Browning, Mrs Angela
Bruce, Malcolm
Burns, Simon
Burnside, David
Burstow, Paul
Burt, Alistair
Butterfill, Sir John
Cable, Dr. Vincent
Calton, Mrs Patsy
Campbell, Gregory
(E Lond'y)
Campbell, rh Sir Menzies
(NE Fife)
Carmichael, Alistair
Cash, William
Chapman, Sir Sydney
(Chipping Barnet)
Chope, Christopher
Clappison, James
Conway, Derek
Cotter, Brian
Cran, James
(Beverley)
Davey, Edward
(Kingston)
Davis, rh David
(Haltemprice & Howden)
Djanogly, Jonathan
Dodds, Nigel
Duncan Smith, rh Iain
Evans, Nigel
Fabricant, Michael
Fallon, Michael
Field, Mark
(Cities of London & Westminster)
Flight, Howard
Forth, rh Eric
Foster, Don
(Bath)
Fox, Dr. Liam
Garnier, Edward
George, Andrew
(St. Ives)
Gibb, Nick
(Bognor Regis)
Gidley, Sandra
Gillan, Mrs Cheryl
Goodman, Paul
Gray, James
(N Wilts)
Green, Damian
(Ashford)
Green, Matthew
(Ludlow)
Greenway, John
Grieve, Dominic
Gummer, rh John
Hague, rh William
Hammond, Philip
Hancock, Mike
Harris, Dr. Evan
(Oxford W & Abingdon)
Harvey, Nick
Hawkins, Nick
Hayes, John
(S Holland)
Heald, Oliver
Heath, David
Heathcoat-Amory, rh David
Hoban, Mark
(Fareham)
Holmes, Paul
Horam, John
(Orpington)
Hughes, Simon
(Southwark N)
Jack, rh Michael
Jenkin, Bernard
Keetch, Paul
Kennedy, rh Charles
(Ross Skye & Inverness)
Key, Robert
(Salisbury)
Kirkbride, Miss Julie
Kirkwood, Sir Archy
Knight, rh Greg
(E Yorkshire)
Laing, Mrs Eleanor
Lait, Mrs Jacqui
Lamb, Norman
Lansley, Andrew
Laws, David
(Yeovil)
Letwin, rh Oliver
Lewis, Dr. Julian
(New Forest E)
Lidington, David
Lilley, rh Peter
Llwyd, Elfyn
Loughton, Tim
Luff, Peter
(M-Worcs)
Mackay, rh Andrew
Maclean, rh David
Malins, Humfrey
Maples, John
Maude, rh Francis
Mawhinney, rh Sir Brian
May, rh Mrs Theresa
Mercer, Patrick
Moore, Michael
Moss, Malcolm
Murrison, Dr. Andrew
Norman, Archie
Oaten, Mark
(Winchester)
O'Brien, Stephen
(Eddisbury)
Öpik, Lembit
Ottaway, Richard
Page, Richard
Paterson, Owen
Pickles, Eric
Portillo, rh Michael
Pugh, Dr. John
Randall, John
Redwood, rh John
Rendel, David
Robathan, Andrew
Robertson, Hugh
(Faversham & M-Kent)
Robertson, Laurence
(Tewk'b'ry)
Robinson, Peter
(Belfast E)
Rosindell, Andrew
Ruffley, David
Russell, Bob
(Colchester)
Sanders, Adrian
Sayeed, Jonathan
Shephard, rh Mrs Gillian
Shepherd, Richard
Smith, Sir Robert
(W Ab'd'ns & Kincardine)
Smyth, Rev. Martin
(Belfast S)
Spelman, Mrs Caroline
Spicer, Sir Michael
Spink, Bob
(Castle Point)
Spring, Richard
Stanley, rh Sir John
Steen, Anthony
Streeter, Gary
Stunell, Andrew
Swayne, Desmond
Swire, Hugo
(E Devon)
Syms, Robert
Tapsell, Sir Peter
Taylor, Ian
(Esher)
Taylor, John
(Solihull)
Taylor, Matthew
(Truro)
Taylor, Sir Teddy
Teather, Sarah
Thomas, Simon
(Ceredigion)
Thurso, John
Tonge, Dr. Jenny
Tredinnick, David
Turner, Andrew
(Isle of Wight)
Tyler, Paul
(N Cornwall)
Tyrie, Andrew
Viggers, Peter
Walter, Robert
Waterson, Nigel
Watkinson, Angela
Webb, Steve
(Northavon)
Whittingdale, John
Widdecombe, rh Miss Ann
Wiggin, Bill
Wilkinson, John
Willetts, David
Williams, Hywel
(Caernarfon)
Williams, Roger
(Brecon)
Willis, Phil
Wilshire, David
Winterton, Ann
(Congleton)
Winterton, Sir Nicholas
(Macclesfield)
Yeo, Tim
(S Suffolk)
Young, rh Sir George
Tellers for the Ayes:
Andrew Selous and
Mr. Geoffrey Clifton-Brown
NOES
Abbott, Ms Diane
Adams, Irene
(Paisley N)
Ainsworth, Bob
(Cov'try NE)
Allen, Graham
Anderson, rh Donald
(Swansea E)
Anderson, Janet
(Rossendale & Darwen)
Armstrong, rh Ms Hilary
Atherton, Ms Candy
Atkins, Charlotte
Austin, John
Bailey, Adrian
Baird, Vera
Barnes, Harry
Barron, rh Kevin
Battle, rh John
Bayley, Hugh
Beard, Nigel
Beckett, rh Margaret
Begg, Miss Anne
Berry, Roger
Best, Harold
Blackman, Liz
Blears, Ms Hazel
Blizzard, Bob
Bradley, rh Keith
(Withington)
Bradley, Peter
(The Wrekin)
Bradshaw, Ben
Brennan, Kevin
Browne, Desmond
Buck, Ms Karen
Burden, Richard
Burgon, Colin
Burnham, Andy
Byers, rh Stephen
Byrne, Liam
(B'ham Hodge H)
Cairns, David
Campbell, Alan
(Tynemouth)
Campbell, Mrs Anne
(C'bridge)
Campbell, Ronnie
(Blyth V)
Casale, Roger
Caton, Martin
Challen, Colin
Chapman, Ben
(Wirral S)
Chaytor, David
Clapham, Michael
Clark, Mrs Helen
(Peterborough)
Clark, Dr. Lynda
(Edinburgh Pentlands)
Clark, Paul
(Gillingham)
Clarke, rh Tom
(Coatbridge & Chryston)
Clelland, David
Clwyd, Ann
(Cynon V)
Coaker, Vernon
Coffey, Ms Ann
Colman, Tony
Corbyn, Jeremy
Corston, rh Jean
Cousins, Jim
Cranston, Ross
Crausby, David
Cruddas, Jon
Cryer, John
(Hornchurch)
Cummings, John
Cunningham, Jim
(Coventry S)
Cunningham, Tony
(Workington)
Curtis-Thomas, Mrs Claire
Davey, Valerie
(Bristol W)
David, Wayne
Davidson, Ian
Davies, rh Denzil
(Llanelli)
Dawson, Hilton
Dean, Mrs Janet
Denham, rh John
Dhanda, Parmjit
Dismore, Andrew
Dobbin, Jim
(Heywood)
Donohoe, Brian H.
Doran, Frank
Doughty, Sue
Dowd, Jim
(Lewisham W)
Drew, David
(Stroud)
Eagle, Angela
(Wallasey)
Eagle, Maria
(L'pool Garston)
Edwards, Huw
Efford, Clive
Ennis, Jeff
(Barnsley E)
Etherington, Bill
Farrelly, Paul
Field, rh Frank
(Birkenhead)
Fisher, Mark
Fitzpatrick, Jim
Flint, Caroline
Flynn, Paul
(Newport W)
Follett, Barbara
Foster, rh Derek
Foster, Michael
(Worcester)
Foster, Michael Jabez
(Hastings & Rye)
Gapes, Mike
(Ilford S)
George, rh Bruce
(Walsall S)
Gilroy, Linda
Godsiff, Roger
Goggins, Paul
Griffiths, Jane
(Reading E)
Griffiths, Nigel
(Edinburgh S)
Griffiths, Win
(Bridgend)
Grogan, John
Hain, rh Peter
Hall, Mike
(Weaver Vale)
Hall, Patrick
(Bedford)
Hamilton, David
(Midlothian)
Hamilton, Fabian
(Leeds NE)
Hanson, David
Harman, rh Ms Harriet
Harris, Tom
(Glasgow Cathcart)
Havard, Dai
(Merthyr Tydfil & Rhymney)
Henderson, Doug
(Newcastle N)
Henderson, Ivan
(Harwich)
Hendrick, Mark
Heppell, John
Hesford, Stephen
Hewitt, rh Ms Patricia
Heyes, David
Hinchliffe, David
Hodge, Margaret
Hoey, Kate
(Vauxhall)
Hood, Jimmy
(Clydesdale)
Hoon, rh Geoffrey
Hopkins, Kelvin
Howarth, rh Alan
(Newport E)
Howarth, George
(Knowsley N & Sefton E)
Hoyle, Lindsay
Hughes, Beverley
(Stretford & Urmston)
Hughes, Kevin
(Doncaster N)
Humble, Mrs Joan
Hurst, Alan
(Braintree)
Hutton, rh John
Iddon, Dr. Brian
Ingram, rh Adam
Jackson, Glenda
(Hampstead & Highgate)
Jackson, Helen
(Hillsborough)
Johnson, rh Alan
(Hull W)
Johnson, Miss Melanie
(Welwyn Hatfield)
Jones, Helen
(Warrington N)
Jones, Jon Owen
(Cardiff C)
Jones, Kevan
(N Durham)
Jones, Lynne
(Selly Oak)
Jones, Martyn
(Clwyd S)
Joyce, Eric
(Falkirk W)
Kaufman, rh Sir Gerald
Kelly, Ruth
(Bolton W)
Kemp, Fraser
Kennedy, Jane
(Wavertree)
Khabra, Piara S.
Kilfoyle, Peter
King, Andy
(Rugby)
Knight, Jim
(S Dorset)
Lammy, David
Lawrence, Mrs Jackie
Laxton, Bob
(Derby N)
Lazarowicz, Mark
Leslie, Christopher
Levitt, Tom
(High Peak)
Lewis, Ivan
(Bury S)
Lewis, Terry
(Worsley)
Liddell, rh Mrs Helen
Linton, Martin
Lloyd, Tony
(Manchester C)
Love, Andrew
Lucas, Ian
(Wrexham)
McAvoy, Thomas
McCabe, Stephen
McCafferty, Chris
McDonnell, John
MacDougall, John
McFall, rh John
McGuire, Mrs Anne
McKechin, Ann
Mackinlay, Andrew
McNulty, Tony
Mactaggart, Fiona
McWalter, Tony
McWilliam, John
Mahon, Mrs Alice
Mallaber, Judy
Mann, John
(Bassetlaw)
Marris, Rob
(Wolverh'ton SW)
Marsden, Gordon
(Blackpool S)
Marshall, David
(Glasgow Shettleston)
Martlew, Eric
Meacher, rh Michael
Meale, Alan
(Mansfield)
Michael, rh Alun
Miliband, David
Miller, Andrew
Mitchell, Austin
(Gt Grimsby)
Mole, Chris
Moonie, Dr. Lewis
Moran, Margaret
Morgan, Julie
Mudie, George
Munn, Ms Meg
Murphy, Denis
(Wansbeck)
Murphy, Jim
(Eastwood)
Naysmith, Dr. Doug
O'Brien, Mike
(N Warks)
O'Hara, Edward
Olner, Bill
O'Neill, Martin
Organ, Diana
Osborne, Sandra
(Ayr)
Owen, Albert
Perham, Linda
Picking, Anne
Pickthall, Colin
Pike, Peter
(Burnley)
Plaskitt, James
Pollard, Kerry
Pond, Chris
(Gravesham)
Pope, Greg
(Hyndburn)
Pound, Stephen
Prentice, Ms Bridget
(Lewisham E)
Prentice, Gordon
(Pendle)
Primarolo, rh Dawn
Prosser, Gwyn
Purchase, Ken
Quin, rh Joyce
Quinn, Lawrie
Rapson, Syd
(Portsmouth N)
Raynsford, rh Nick
Reed, Andy
(Loughborough)
Reid, rh Dr. John
(Hamilton N & Bellshill)
Robertson, John
(Glasgow Anniesland)
Roche, Mrs Barbara
Rooney, Terry
Ross, Ernie
(Dundee W)
Roy, Frank
(Motherwell)
Ruane, Chris
Ruddock, Joan
Russell, Ms Christine
(City of Chester)
Ryan, Joan
(Enfield N)
Sawford, Phil
Sedgemore, Brian
Shaw, Jonathan
Sheerman, Barry
Sheridan, Jim
Shipley, Ms Debra
Simpson, Alan
(Nottingham S)
Singh, Marsha
Skinner, Dennis
Smith, rh Andrew
(Oxford E)
Smith, John
(Glamorgan)
Smith, Llew
(Blaenau Gwent)
Southworth, Helen
Starkey, Dr. Phyllis
Stewart, Ian
(Eccles)
Stinchcombe, Paul
Strang, rh Dr. Gavin
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Gerry
Tami, Mark
(Alyn)
Taylor, Dari
(Stockton S)
Taylor, David
(NW Leics)
Thomas, Gareth
(Clwyd W)
Timms, Stephen
Tipping, Paddy
Touhig, Don
(Islwyn)
Trickett, Jon
Truswell, Paul
Turner, Dennis
(Wolverh'ton SE)
Turner, Dr. Desmond
(Brighton Kemptown)
Turner, Neil
(Wigan)
Twigg, Derek
(Halton)
Tynan, Bill
(Hamilton S)
Vaz, Keith
(Leicester E)
Vis, Dr. Rudi
Walley, Ms Joan
Ward, Claire
Wareing, Robert N.
Watson, Tom
Watts, David
White, Brian
Wicks, Malcolm
Williams, rh Alan
(Swansea W)
Williams, Betty
(Conwy)
Wills, Michael
Winnick, David
Winterton, Ms Rosie
(Doncaster C)
Woodward, Shaun
Woolas, Phil
Worthington, Tony
Wright, Anthony D.
(Gt Yarmouth)
Wright, David
(Telford)
Wright, Tony
(Cannock)
Tellers for the Noes:
Gillian Merron and
Mr. Nick Ainger
Question accordingly negatived.
2 Nov 2004 : Column 232
New Clause 5