Coroners and Justice Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)
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(5)
A Northern Ireland department is entitled to make an information-
sharing order only if the sharing of information enabled by the order is
for the purposes of any matter with which that department is
concerned and that sharing consists of one or both of the following—
(a)
the disclosure of information by a relevant Northern Ireland
5
body to another such body where the information was held by
the first body in connection with its devolved Northern Ireland
functions and is disclosed to the second body for the purposes
of its devolved Northern Ireland functions;
(b)
a relevant Northern Ireland body consulting or using
10
information which was obtained by it for the purposes of one or
more of its devolved Northern Ireland functions for the
purposes of any of its other devolved Northern Ireland
functions.
(6)
Where more than one Northern Ireland department is entitled to make
15
an information-sharing order by virtue of subsection (5), any one or
more of those departments acting (in the case of more than one) jointly
is entitled by virtue of this section to make the order.
(7)
In subsections (3) to (5) any reference to the sharing of information
enabled by the information-sharing order includes a reference to any
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further or onward disclosure of information enabled by the order by
virtue of section 50B(1)(c).
50D
Consultation and Commissioner’s report on draft order
(1)
This section applies where a designated authority proposes to make an
information-sharing order.
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(2)
The designated authority must—
(a)
issue a general invitation to make representations, in a manner
likely in the authority’s opinion to bring the invitation to the
attention of as large a class of affected persons who may wish to
make representations as is reasonably practicable, and
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(b)
take account of any representations made.
(3)
The designated authority must submit a copy of the draft order to the
Commissioner.
(4)
The Commissioner may, within the 21-day period, submit to the
designated authority a report stating whether or not the Commissioner
35
is satisfied of the matters in section 50A(4)(b) and (c).
(5)
The designated authority may not lay the draft order before Parliament
in accordance with section 67 before—
(a)
the Commissioner submits a report under subsection (4), or
(b)
the end of the 21-day period,
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whichever first occurs.
(6)
If the Commissioner submits a report under subsection (4) and the
designated authority proceeds to lay the draft order before Parliament,
the designated authority must at the same time lay a copy of the report
before Parliament.
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(7)
In this section references to “Parliament” are to be read—

Coroners and Justice Bill
Part 8 — Data Protection Act 1998 (c. 29)
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(a)
in the case of a proposal of the Scottish Ministers to make an
information-sharing order, as references to the Scottish
Parliament;
(b)
in the case of a proposal of the Welsh Ministers to make an
information-sharing order, as references to the National
5
Assembly for Wales;
(c)
in the case of a proposal of a Northern Ireland department to
make an information-sharing order, as references to the
Northern Ireland Assembly.
(8)
In this section—
10
“affected persons” means persons likely to be affected by the
proposed information-sharing order;
“the 21-day period” means the period of 21 days beginning with
the day on which the designated authority gives a copy of the
draft order to the Commissioner.
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50E
Requirements for consent and further consultation
(1)
An information-sharing order made by an appropriate Minister (other
than an order made by the responsible Secretary of State alone or jointly
with another appropriate Minister) may be made only with the consent
of the responsible Secretary of State.
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(2)
A designated authority (other than an appropriate Minister) must
consult the responsible Secretary of State before making an
information-sharing order.
(3)
An appropriate Minister must obtain the consent of the Scottish
Ministers before making an information-sharing order which—
25
(a)
authorises information to be shared by or disclosed to a relevant
Scottish body in connection with any devolved Scottish
function of the body, or
(b)
modifies any provision made by or by virtue of an Act of the
Scottish Parliament or any subordinate legislation made by the
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Scottish Ministers.
(4)
An appropriate Minister must obtain the consent of the Welsh
Ministers before making an information-sharing order which—
(a)
authorises information to be shared by or disclosed to a relevant
Welsh body in connection with any devolved Welsh function of
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the body, or
(b)
modifies any provision made by or by virtue of a Measure or
Act of the National Assembly for Wales or any subordinate
legislation made by the Welsh Ministers (or by the National
Assembly for Wales established under the Government of
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Wales Act 1998).
(5)
An appropriate Minister must obtain the consent of the appropriate
Northern Ireland department before making an information-sharing
order which—
(a)
authorises information to be shared by or disclosed to a relevant
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Northern Ireland body in connection with any devolved
Northern Ireland function of the body, or
(b)
modifies any provision made by Northern Ireland legislation
where that provision deals with transferred matters.

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Part 8 — Data Protection Act 1998 (c. 29)
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(6)
Any question as to which Northern Ireland department is the
appropriate Northern Ireland department in relation to an information-
sharing order is to be determined by the Office of the First Minister and
Deputy First Minister.
(7)
In this section “responsible Secretary of State” means the Secretary of
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State having primary responsibility for government policy in relation
to the protection of data.
50F
Interpretation of this Part
(1)
In this Part—
“appropriate Minister” has the meaning given by section 50A(2);
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“designated authority” has the meaning given by section 50A(2);
“devolved Northern Ireland functions” are functions relating to
transferred matters;
“devolved Scottish functions” are functions—
(a)
relating to matters within the legislative competence of
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the Scottish Parliament, or
(b)
conferred on the Scottish Ministers by an Act or
instrument made under an Act (whenever passed or
made);
“devolved Welsh functions” are functions—
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(a)
relating to matters within the legislative competence of
the National Assembly for Wales, or
(b)
in relation to which functions are exercisable by the
Welsh Ministers, the First Minister for Wales or the
Counsel General to the Welsh Assembly Government;
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“enactment” means an enactment contained in or in an instrument
made by virtue of—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, or
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(d)
Northern Ireland legislation,
whenever passed or made;
“information-sharing order” has the same meaning as in section
50A;
“Minister of the Crown” includes a government department;
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“modify” includes amend, add to, revoke or repeal;
“relevant Northern Ireland body” means any public body, public
office or holder of such an office whose functions (in each case)
are exercisable only in or as regards Northern Ireland;
“relevant policy objective” means—
40
(a)
in the case of an information-sharing order made by the
Scottish Ministers, a policy objective which relates to—
(i)
matters within the legislative competence of the
Scottish Parliament, or
(ii)
functions conferred on the Scottish Ministers by
45
an Act or an instrument made under an Act
(whenever passed or made);
(b)
in the case of an information-sharing order made by the
Welsh Ministers, a policy objective which relates to—

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Part 8 — Data Protection Act 1998 (c. 29)
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(i)
matters within the legislative competence of the
National Assembly for Wales, or
(ii)
functions exercisable by the Welsh Ministers, the
First Minister for Wales or the Counsel General
to the Welsh Assembly Government;
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(c)
in the case of an information-sharing order made by a
Northern Ireland department, a policy objective which
relates to—
(i)
transferred matters, or
(ii)
functions exercisable by a Minister within the
10
meaning of the Northern Ireland Act 1998 or by
a Northern Ireland department;
(d)
in the case of an information-sharing order made by an
appropriate Minister, a policy objective of that Minister;
“relevant Scottish body” means—
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(a)
any part of the Scottish Administration;
(b)
any public body, public office or holder of such an office
whose functions (in each case) are exercisable only in or
as regards Scotland;
“relevant Welsh body” means any public body, public office or
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holder of such an office whose functions (in each case) are
exercisable only in relation to Wales;
“transferred matters” has the meaning given by the Northern
Ireland Act 1998;
“Wales” has the meaning given by the Government of Wales Act
25
2006.
(2)
For the purposes of this Part functions are not to be regarded as
exercisable by the Welsh Ministers, the First Minister for Wales or the
Counsel General to the Welsh Assembly Government merely
because—
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(a)
the agreement of the Welsh Ministers, the First Minister for
Wales or the Counsel General to the Welsh Assembly
Government is required to the exercise of a function by a
Minister of the Crown, or
(b)
the Welsh Ministers, the First Minister for Wales or the Counsel
35
General to the Welsh Assembly Government must be consulted
by a Minister of the Crown about the exercise of a function.”
(2)
In section 67 of that Act (general provision about orders etc under the Act)—
(a)
after subsection (3) insert—
“(3A)
In the case of orders under section 50A—
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(a)
subject to paragraph (b), subsections (1) and (2) have
effect as if references to the Secretary of State were
references to a designated authority (within the
meaning of section 50A),
(b)
an order made by a Northern Ireland department is to
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be made by statutory rule for the purposes of the
Statutory Rules (Northern Ireland) Order 1979 (and
subsection (1) does not apply), and
(c)
subsection (3) does not have effect.”, and
(b)
after subsection (4) insert—
50