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Serious Crime Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 18th April 2007, as follows—

Clauses 61 to 65
Schedule 6
Clause 66
Schedules 7 and 8
Clauses 67 to 69
Schedule 9
Clauses 70 and 71
Schedule 10
Clauses 72 to 75
Schedule 11
Clauses 76 to 78
Schedule 12
Clause 79
Schedule 13
Clauses 80 to 82

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 61

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

94Page 33, line 18, after "means" insert "those anti-fraud organisations which may be"
 

Clause 62

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

95Page 34, line 38, after "person" insert ", body corporate or not-for-profit organisation"
 

After Clause 63

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY

96Insert the following new Clause—
  "Role of Information Commissioner
(1)  Section 51 of the Data Protection Act 1998 (c. 29) (general duties of the Commissioner) is amended as follows.
(2)  In subsection (7), at the beginning insert "Subject to subsection (7A),".
(3)  After subsection (7), insert—
    "(7A)  The Information Commissioner may, on his own initiative, assess any data processing conducted under sections 61 to 65 of the Serious Crime Act 2007.""
 

After Clause 64

 

EARL NORTHESK
BARONESS ANELAY OF ST JOHNS
LORD CRICKHOWELL

97Insert the following new Clause—
  "Functions of Secretary of State: sharing of information
(1)  The Secretary of State has the following specific functions in respect of the sharing of information—
(a)  to draw up and disseminate to the public bodies and other organisations to whom this section applies guidance as to the sharing of information between and amongst themselves;
(b)  to draw up and disseminate to the public bodies and other organisations to whom this section applies guidance as to the circumstances in which it is appropriate for those organisations to share information between and amongst themselves;
(c)  to maintain under review the guidance set out in paragraphs (a) and (b).
(2)  In drawing up the guidance under subsection (1)(a) and (b), and in reviewing such guidance under subsection (1)(c), the Secretary of State shall consult the Information Commissioner.
(3)  The guidance under subsection (1)(a) and (b) shall, in particular but not exclusively, make provision as to—
(a)  the nature of the information that may be shared;
(b)  procedures designed to ensure the accuracy and security of information shared;
(c)  procedures designed to ensure, where appropriate, the co-ordination of the sharing of information between and amongst the public bodies and other organisations;
(d)  procedures designed to govern the circumstances in which information can be lawfully shared notwithstanding any rule of law which prohibits or restricts the disclosure of information;
(e)  procedures designed for circumstances where, notwithstanding the second data protection principle, data is intended to be lawfully shared or processed beyond the purpose of its original collection;
(f)  procedures designed to guarantee, as appropriate, the rights of data subjects in respect of any information about them that may be shared;
      36(g)  procedures designed to govern the period for which it is appropriate that information should be shared and to ensure appropriate deletion of any information shared.
(4)  This section applies to public authorities and any anti-fraud organisations specified under section 61 and any agencies, companies or individuals who may be contracted to work for them or to supply goods and services to them.
(5)  The information for which provision is made under this section includes all information disclosed under section 61 above.
(6)  The Secretary of State may, by regulations subject to affirmative resolution of each House of Parliament, proscribe and penalise contravention of any guidance under this section as to the collection, sharing, use, holding and disclosure of information."
 

LORD CRICKHOWELL
[As an amendment to amendment 97]

98Line 36, at end insert—
"(h)  procedures designed to ensure that all records of the information that have been stored are destroyed as soon as is practically possible after it has been used for the purposes specified."
 

Clause 65

 

BARONESS SCOTLAND OF ASTHAL

99Page 36, line 17, leave out from "which" to "has" in line 18 and insert "makes provision about data matching)"
 

After Clause 65

 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD

99AInsert the following new Clause—
  "Exempted data
  Nothing in this Part authorises the disclosure of data contained in—
(a)  the National Identity Register (as defined in the Identity Cards Act 2006 (c. 15)), or
(b)  any database established pursuant to section 12 of the Children Act 2004 (c. 31) (information databases),
  or the use of such data in data matching exercises."
 

Schedule 6

 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD CRICKHOWELL
LORD DHOLAKIA

100Page 64, line 22, leave out "(including the identification of any patterns and trends)"
 

BARONESS SCOTLAND OF ASTHAL

101Page 64, line 26, at end insert—
    2      
    4      
    5
    "(   )  A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future."
 

LORD DHOLAKIA
LORD BURNETT
LORD THOMAS OF GRESFORD
[Amendments 101A to 101C are amendments to amendment 101]

101ALine 2, leave out "to identify" and insert "for the purposes of identifying—
(a)"  
101BLine 4, leave out "nothing more than"
101CLine 5, at end insert—
"(b)  a person as having personal characteristics or behaviour which suggest his potential to commit fraud in the future"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD CRICKHOWELL

102Page 65, line 4, at end insert—
    "(   )      Data may not be disclosed under subsection (1) if the data comprise or include patient data."
 

BARONESS SCOTLAND OF ASTHAL

103Page 66, line 24, at end insert—
    "(   )  a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I. 18))."
104Page 67, line 19, at end insert—
    "(   )      In this section, "body" includes office."
105Page 67, line 19, at end insert—
    "32DA   Publication
(1)      Nothing in section 32D prevents the Commission from publishing a report on a data matching exercise (including on the results of the exercise).
(2)      But the report may not include information relating to a particular body or person if—
(a)  the body or person is the subject of any data included in the data matching exercise,
(b)  the body or person can be identified from the information, and
(c)  the information is not otherwise in the public domain.
(3)      A report published under this section may be published in such manner as the Commission considers appropriate for bringing it to the attention of those members of the public who may be interested.
(4)      Section 51 does not apply to information to which section 32D applies.
(5)      This section does not affect any powers of an auditor where the data matching exercise in question forms part of an audit under Part 2."
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD CRICKHOWELL

106Page 68, line 7, at end insert—
    "(   )      The code of practice and any revisions to it prepared under subsection (1) shall be subject to the approval of the Information Commissioner; and, following his approval, to approval by affirmative resolution of both Houses of Parliament."
107Page 68, line 7, at end insert—
    "(   )      The code of practice and any revisions to it prepared under subsection (1) shall be subject to the approval of the Information Commissioner."
 

BARONESS SCOTLAND OF ASTHAL

108Page 68, line 9, after "32B(2)" insert ", the Information Commissioner"
109Page 68, line 10, at end insert—
    "(   )      The Commission must—
    (a)  send a copy of the code, and of any alterations made to the code, to the Secretary of State, who must lay the copy before Parliament, and
    (b)  from time to time publish the code as for the time being in force."
110Page 68, line 13, leave out "further" and insert "any purpose mentioned in subsection (2) to the"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD CRICKHOWELL

111Page 68, leave out lines 17 to 21
 

BARONESS SCOTLAND OF ASTHAL

112Page 68, line 17, leave out "include in particular" and insert "are"
 

BARONESS ANELAY OF ST JOHNS
LORD HENLEY
LORD CRICKHOWELL

113Page 68, line 17, leave out "in particular"
114Page 68, line 18, after "of" add "serious"
 

BARONESS SCOTLAND OF ASTHAL

115Page 68, line 39, at end insert—
 

"PART 2

 

DATA MATCHING: WALES

 4      After Part 3 of the Public Audit (Wales) Act 2004 (c. 23) insert—
     

    "PART 3A

     

    DATA MATCHING

        64A   Power to conduct data matching exercises
    (1)      The Auditor General for Wales may conduct data matching exercises or arrange for them to be conducted on his behalf.
    (2)      A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).
    (3)      The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales.
    (4)      That assistance may, but need not, form part of an audit.
    (5)      A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.
    (6)      In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.
        64B   Mandatory provision of data
    (1)      The Auditor General for Wales may require—
    (a)  any body mentioned in subsection (2), and
    (b)  any officer or member of such a body,
      to provide the Auditor General or a person acting on his behalf with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.
    (2)      The bodies are—
    (a)  a local government body in Wales (as defined in section 12(1));
    (b)  a Welsh NHS body (as defined in section 60).
    (3)      A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction—
    (a)  to a fine not exceeding level 3 on the standard scale, and
    (b)  to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.
    (4)      If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body.
        64C   Voluntary provision of data
    (1)      If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf.
    (2)      A disclosure under subsection (1) does not breach—
    (a)  any obligation of confidence owed by a person making the disclosure, or
    (b)  any other restriction on the disclosure of information (however imposed).
    (3)      But nothing in this section authorises a disclosure which—
    (a)  contravenes the Data Protection Act 1998 (c. 29), or
    (b)  is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).
    (4)      Data may not be disclosed under subsection (1) if the data comprise or include patient data.
    (5)      "Patient data" means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.
    (6)      This section does not limit the circumstances in which data may be disclosed apart from this section.
    (7)      Data matching exercises may include data provided by a body or person outside England and Wales.
        64D   Disclosure of results of data matching etc
    (1)      This section applies to the following information—
    (a)  information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise,
    (b)  the results of any such exercise.
    (2)      Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is—
    (a)  for or in connection with a purpose for which the data matching exercise is conducted,
    (b)  to a body mentioned in subsection (3) (or a related party) for or in connection with a function of that body corresponding or similar to the functions of an auditor under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or
    (c)  in pursuance of a duty imposed by or under a statutory provision.
    (3)      The bodies are—
    (a)  the Audit Commission,
    (b)  the Auditor General for Scotland,
    (c)  the Accounts Commission for Scotland,
    (d)  Audit Scotland,
    (e)  the Comptroller and Auditor General for Northern Ireland,
    (f)  a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I. 18)).
    (4)      "Related party", in relation to a body mentioned in subsection (3), means—
    (a)  a body or person acting on its behalf,
    (b)  a body whose accounts are required to be audited by it or by a person appointed by it,
    (c)  a person appointed by it to audit those accounts.
    (5)      If the data used for a data matching exercise include patient data—
    (a)  subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to a relevant NHS body,
    (b)  subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.
    (6)      In subsection (5)—
    (a)  "patient data" has the same meaning as in section 64C,
    (b)  "relevant NHS body" means—
    (i)  a Welsh NHS body as defined in section 60,
    (ii)  a health service body as defined in section 53(1) of the Audit Commission Act 1998 (c. 18),
    (iii)  an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),
    (iv)  an HSS trust within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)).
    (7)      Information disclosed under subsection (2) may not be further disclosed except—
    (a)  for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,
    (b)  for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or
    (c)  in pursuance of a duty imposed by or under a statutory provision.
    (8)      Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—
    (a)  on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
    (b)  on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.
    (9)      Section 54 does not apply to information to which this section applies.
    (10)      In this section "statutory provision" has the meaning given in section 59(8).
        64E   Publication
    (1)      Nothing in section 64D prevents the Auditor General for Wales from publishing a report on a data matching exercise (including on the results of the exercise).
    (2)      But the report may not include information relating to a particular body or person if—
    (a)  the body or person is the subject of any data included in the data matching exercise,
    (b)  the body or person can be identified from the information, and
    (c)  the information is not otherwise in the public domain.
    (3)      A report published under this section may be published in any manner which the Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested.
    (4)      This section does not affect any powers of an auditor or the Auditor General where the data matching exercise in question forms part of an audit under Part 2 or 3.
        64F   Fees for data matching
    (1)      The Auditor General for Wales must prescribe a scale or scales of fees in respect of data matching exercises.
    (2)      A body required under section 64B(1) to provide data for a data matching exercise must pay to the Auditor General the fee applicable to that exercise in accordance with the appropriate scale.
    (3)      But if it appears to the Auditor General that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Auditor General may charge the body a fee which is larger or smaller than that referred to in subsection (2).
    (4)      Before prescribing a scale of fees under this section, the Auditor General must consult—
    (a)  the bodies mentioned in section 64B(2), and
    (b)  such other bodies or persons as the Auditor General thinks fit.
    (5)      If the Welsh Ministers consider it necessary or desirable to do so, they may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Auditor General and, if they do so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Welsh Ministers.
    (6)      Before making any regulations under subsection (5), the Welsh Ministers must consult—
    (a)  the Auditor General for Wales, and
    (b)  such other bodies or persons as they think fit.
    (7)      The power under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Assembly.
    (8)      In addition to the power under subsection (2), the Auditor General may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Auditor General and that body or person.
        64G   Code of data matching practice
    (1)      The Auditor General for Wales must prepare, and keep under review, a code of practice with respect to data matching exercises.
    (2)      Regard must be had to the code in conducting and participating in any such exercise.
    (3)      Before preparing or altering the code, the Auditor General must consult the bodies mentioned in section 64B(2), the Information Commissioner and such other bodies or persons as the Auditor General thinks fit.
    (4)      The Auditor General must—
    (a)  lay a copy of the code, and of any alterations made to the code, before the Assembly, and
    (b)  from time to time publish the code as for the time being in force.
        64H   Powers of Secretary of State
    (1)      The Secretary of State may by order amend this Part—
    (a)  to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted,
    (b)  to modify the application of this Part in relation to a purpose so added.
    (2)      The purposes which may be added are—
    (a)  to assist in the prevention and detection of crime (other than fraud) in or with respect to Wales,
    (b)  to assist in the apprehension and prosecution of offenders in or with respect to Wales,
    (c)  to assist in the recovery of debt owing to Welsh public bodies.
    (3)      The Secretary of State may by order amend this Part—
    (a)  to add a Welsh public body to the list of bodies in section 64B(2),
    (b)  to modify the application of this Part in relation to a body so added,
    (c)  to remove a body from that list.
    (4)      Before making an order under this section, the Secretary of State must consult the Auditor General for Wales.
    (5)      An order under this section—
    (a)  is to be made by statutory instrument, and
    (b)  may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit.
    (6)      No order under this section may be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.
    (7)      In this section "Welsh public body" means a public body (as defined in section 12(3)) whose functions relate exclusively to Wales or an area of Wales."
 5   (1)   Paragraph 9 of Schedule 8 to the Government of Wales Act 2006 (c. 32) (special finance provisions) is amended as follows.
(2)      In sub-paragraph (3)(b) after "government audit)" insert "or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching)".
(3)      In sub-paragraph (4)(c) for the words from "Part 2" to the end substitute "the following provisions of the Public Audit (Wales) Act 2004 (c. 23)—
    (i)  Part 2 (including those charged as a result of paragraph 11(3)(c)),
    (ii)  Part 3A (but only those charged to a local government body in Wales)."
(4)      After sub-paragraph (4) insert—
    "(5)      "Local government body in Wales" has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004 (c. 23).""
116Page 68, line 39, at end insert—

 
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27 April 2007