Lords Hansard text for 29 Oct 200929 Oct 2009 (pt 0007)

The new fee structure will ensure that the Information Commissioner's Office has the necessary income to fulfil its current and future data protection responsibilities, such as those being brought forward in this Bill. Schedule 19 as drafted contains provisions that allow the Secretary of State to make regulations to require data controllers to provide information to the Information Commissioner for the purpose of verifying that the correct annual notification fee is paid.

However, this information has to be provided only upon initial registration. There is currently no mechanism to require data controllers to notify the Information Commissioner's Office of changes in circumstance that would place them in another tier. Section 20 of the Data Protection Act 1998 requires data controllers to notify the Information Commissioner's Office of certain relevant changes in circumstance. Amendments 118 and 132 amend Section 20 to enable regulations to be made requiring data controllers to notify the ICO of any changes to their registrable particulars for the purpose of ensuring that the correct annual notification fee is paid.

We have drafted the amendment whereby organisations will not need to provide the Information Commissioner's Office with this information year after year whenever they pay their notification fee. Instead, they will need to provide this information only upon a change of circumstance. This will help to ensure that the bureaucratic burden on data controllers is minimised. I hope that noble Lords will agree to these amendments. I beg to move.

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The Earl of Erroll: I welcome the amendment, because I am involved in the data world. I note that the noble Lord said that the change should provide sufficient funds for all the things that the office is meant to do. I am not sure that it will, because we are putting more and more duties on to the Information Commissioner to protect us. He is a bastion of protection for the citizen. I suspect that these fees may need to be looked at again, but this is certainly a move in the right direction.

Amendment 118 agreed.

Schedule 20 : Minor and consequential amendments

Amendments 119 to 119L

Moved by Lord Bach

119: Schedule 20, page 208, line 37, at end insert-

"Part 3AAbolition of common law libel offences etcCriminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)

62A (1) In section 1 of the Criminal Libel Act 1819 (power of court to make order for seizure of copies of libel)-

(a) after "In every case" insert "in Northern Ireland";

(b) omit from ", or any seditious libel" to "means".

(2) This paragraph does not extend to Scotland.

Libel Act 1843 (c. 96)

62B In section 7 of the Libel Act 1843 (evidence to rebut prima facie case of publication by agent)-

(a) after "Whensoever" insert "in Northern Ireland";

(b) before "libel" insert "blasphemous".

Newspaper Libel and Registration Act 1881 (c. 60)

62C In section 4 of the Newspaper Libel and Registration Act 1881 (inquiry by court of summary jurisdiction as to libel being for public benefit etc)-

(a) after "jurisdiction" insert "in Northern Ireland";

(b) before "libel" (in first place it occurs) insert "blasphemous";

Law of Libel Amendment Act 1888 (c. 64)

62D In section 8 of the Law of Libel Amendment Act 1888 (order of Judge required for prosecution of newspaper proprietor etc)-

(a) after "commenced" insert "in Northern Ireland";

(b) before "libel" insert "blasphemous"."

119A: Schedule 20, page 212, line 42, leave out sub-paragraph (2) and insert-

"(2) In section 34 (disqualification for certain offences), after subsection (4A) insert-

"(4AA) For the purposes of subsection (4)(b), a disqualification is to be disregarded if the period of disqualification would have been less than 56 days but for an extension period added pursuant to-

(a) section 35A or 35B,

(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

119B: Schedule 20, page 214, line 14, leave out sub-paragraph (6) and insert-

"(6) In section 35 (disqualification for repeated offences)-

29 Oct 2009 : Column 1309

(a) in subsection (2), in the words following paragraph (b), after "offender is" insert ", subject to subsection (2A),", and

(b) after subsection (2) insert-

"(2A) A previous disqualification imposed on an offender for a fixed period is not to be taken into account for the purposes of subsection (2) if that period would have been less than 56 days but for an extension period added pursuant to-

(a) section 35A or 35B,

(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

119C: Schedule 20, page 214, line 16, leave out sub-paragraph (7) and insert-

"(7) In section 37 (effect of order of disqualification)-

(a) in subsection (1A)(a), after "56 days" insert "(disregarding any extension period)",

(b) in subsection (1A), after "period of disqualification" insert "(including any extension period)", and

"(1B) In subsection (1A) "extension period" means an extension period added pursuant to-

(a) section 35A or 35B,

(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

119D: Schedule 20, page 214, line 21, leave out sub-paragraph (8) and insert-

"(8) In section 42 (removal of disqualification)-

(a) in subsection (3)-

(i) for "the date of the order by which the disqualification was imposed" substitute "the relevant date",

(ii) in paragraph (a), after "four years" insert "(disregarding any extension period)", and

(iii) in paragraph (b), for "period of disqualification, if it is" substitute "period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period)",

(b) after subsection (3) insert-

"(3A) In subsection (3) "the relevant date" means-

(a) the date of the order imposing the disqualification in question, or

(b) if the period of the disqualification is extended by an extension period, the date in paragraph (a) postponed by a period equal to that extension period.", and

"(3B) "Extension period" means an extension period added pursuant to-

(a) section 35A or 35B,

(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

119E: Schedule 20, page 214, line 39, leave out sub-paragraph (9) and insert-

"(9) In section 47 (supplementary provisions as to disqualification and endorsements)-

29 Oct 2009 : Column 1310

(a) in subsection (2) (as substituted by paragraph 44(2) of Schedule 3 to the Road Safety Act 2006 (c. 49)), after "or more" insert "(disregarding any extension period)", and

(b) after subsection (2), insert-

"(2ZA) In subsection (2) "extension period" means an extension period added pursuant to-

(a) section 35A or 35B,

(b) section 248D of the Criminal Procedure (Scotland) Act 1995, or

119F: Schedule 20, page 215, line 6, after "40A" insert "or Article 91A of the Criminal Justice (Northern Ireland) Order 2008"

119G: Schedule 20, page 216, line 27, after "40A" insert "or Article 91A of the Criminal Justice (Northern Ireland) Order 2008"

119H: Schedule 20, page 216, line 28, leave out sub-paragraph (7) and insert-

"(7) In Article 42 (effect of order of disqualification)-

(a) in paragraph (2)(a), after "56 days" insert "(disregarding any extension period)",

(b) in paragraph (2), after "period of disqualification" insert "(including any extension period)", and

"(2A) In paragraph (2) "extension period" means an extension period added pursuant to-

(a) Article 40A,

(b) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

119J: Schedule 20, page 216, line 33, leave out sub-paragraph (8) and insert-

"(8) In Article 47 (removal of disqualification)-

(a) in paragraph (3)-

(i) for "the date of the order by which the disqualification was imposed" substitute "the relevant date",

(ii) in sub-paragraph (a), after "4 years" insert "(disregarding any extension period)", and

(iii) in sub-paragraph (b), for "period of disqualification, if it is" substitute "period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period)",

(b) after paragraph (3) insert-

"(3A) In paragraph (3) "the relevant date" means-

(a) the date of the order imposing the disqualification in question, or

(b) if the period of the disqualification is extended by an extension period, the date in sub-paragraph (a) postponed by a period equal to that extension period.", and

"(3B) "Extension period" means an extension period added pursuant to-

(a) Article 40A,

(b) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

29 Oct 2009 : Column 1311

119K: Schedule 20, page 217, line 2, at end insert-

"(9) In Article 52 (supplementary provisions as to disqualification and endorsements)-

(a) in paragraph (2), after "or more" insert "(disregarding any extension period)", and

(b) after paragraph (2), insert-

"(2ZA) In paragraph (2) "extension period" means an extension period added pursuant to-

(a) Article 40A,

(b) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), or

119L: Schedule 20, page 217, line 9, at end insert-

"( ) Article 8A of the Criminal Justice (Northern Ireland) Order 1980;"

Amendments 119 to 119L agreed.

Amendment 120 not moved.

Amendment 121

Moved by Lord Tunnicliffe

121: Schedule 20, page 218, line 18, at end insert-

"( ) In Schedule 1, in paragraph 30 (date of taking effect of youth rehabilitation orders etc)-

(a) in sub-paragraph (1)-

(i) for "sub-paragraph (2)" substitute "sub-paragraphs (1A) and (2)", and

(ii) omit "the day after",

(b) after that sub-paragraph insert-

"(1A) A court making a youth rehabilitation order may order that it is to take effect instead on a later date.", and

Lord Tunnicliffe: My Lords, these are minor amendments to the Criminal Justice and Immigration Act 2008 that change the date that a youth rehabilitation order comes into effect to the day that it is made. The current legislation delays the date that the order comes into effect until the day after it is made. A delay in the start of the sentence would result in a gap of at least 24 hours between sentence and supervision or monitoring of an offender. During this period, any further offending would not technically constitute a breach. This would mean that a high-risk young offender might be at large overnight or over a weekend, and free to commit further offences with no immediate redress.

The amendments in this group address the defect by providing for a youth rehabilitation order to come into force on the day that it is made, or on such later date as the court may specify. I am sure that your Lordships will agree that the amendment is entirely sensible. I beg to move.

Amendment 121 agreed.

Schedule 21 : Transitional, transitory and saving provisions

Amendment 122

Moved by Baroness Miller of Chilthorne Domer

122: Schedule 21, page 220, line 18, at end insert-

29 Oct 2009 : Column 1312

"3A Section (Amendment to the Regulation of Investigatory Powers Act 2000) has effect in relation to investigations that have begun, but have not been concluded, before the day on which that section comes into force (as well as to inquests beginning on or after that day)."

Amendment 122 agreed.

Amendments 123 to 125B

Moved by Lord Bach

123: Schedule 21, page 223, line 8, leave out from second "to" to end of line 12 and insert-

"(a) an offence under Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53),

(b) an offence under paragraph 4(6) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or of Schedule 4A to the Naval Discipline Act 1957 (c. 53),

(d) an offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) committed before the commencement of section 50 of the Armed Forces Act 2006 (c. 52) ("the 2006 Act"),

(e) an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 (c. 14) committed before the commencement of section 50 of the 2006 Act, and

(f) an offence under paragraph 5(1) of Schedule 1 to the Reserve Forces Act 1996 (c. 14) committed before the commencement of section 50 of the 2006 Act which the Court Martial established by the 2006 Act has jurisdiction to try.

(2) Notwithstanding subsection (4)(b) of section 74, the references in that section to a charge are to be treated as including a reference to a charge that is not brought under Part 5 of the Armed Forces Act 2006 (c. 52) but is to be regarded for the purposes of Part 5 as allocated for Court Martial trial, summary hearing or (as the case may be) Service Civilian Court trial."

124: Schedule 21, page 224, line 26, at end insert-

"17A (1) Section 82 has effect with the modifications made by this paragraph for the purposes of discharging or varying a witness anonymity order made under the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) by-

(a) a Summary Appeal Court established by the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or

(b) a Standing Civilian Court established under the Armed Forces Act 1976 (c. 52).

(2) The references in section 82(2) to (5) to the court that made the order are to be treated-

(a) where the order was made by a Summary Appeal Court, as references to the Summary Appeal Court established by the Armed Forces Act 2006 (c. 52), and

(b) where the order was made by a Standing Civilian Court, as references to the Service Civilian Court established by the Armed Forces Act 2006 (c. 52)."

125: Schedule 21, page 225, line 10, leave out from second "to" to end of line 14 and insert-

"(a) an offence under Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53),

29 Oct 2009 : Column 1313

(d) an offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) committed before the commencement of section 50 of the Armed Forces Act 2006 (c. 52) ("the 2006 Act"),

(e) an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 (c. 14) committed before the commencement of section 50 of the 2006 Act, and

125A: Schedule 21, page 226, line 39, after "to" insert ", or has effect by reference to,"

125B: Schedule 21, page 228, line 5, leave out "added pursuant to section 35A or 35B"

Amendments 123 to 125B agreed.

Schedule 22 : Repeals

Amendment 126

Moved by Lord Bach

126: Schedule 22, page 232, line 20, at end insert-

"Libel Act 1792 (c. 60)	The whole Act.
Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)	In section 1, from ", or any seditious libel" to "means".
Libel Act 1843 (c. 96)	Sections 4 to 6.
Newspaper Libel and Registration Act 1881 (c. 60)	In section 4, from "as to the publication" to "malice, and".
Law of Libel Amendment Act 1888 (c. 64)	Sections 3 and 4.
Defamation Act 1952 (c. 66)	Section 17(2)."

Amendment 126 agreed.

Amendment 126A not moved.

Amendment 127

Moved by Lord Bach

127: Schedule 22, page 232, line 29, at end insert-

"Theatres Act 1968 (c. 54)	In section 4(1), from "(including" to "matter)".
	In section 7(2), from "or an offence" to "course of a performance of a play".
	In section 8, from "or an offence" to "play"."

Amendment 127 agreed.

Amendment 128

Moved by Lord Henley

128: Schedule 22, page 232, leave out line 30

Lord Henley: My Lords, I speak on behalf, and at the request, of my noble friend Lord Waddington. I shall speak also to Amendments 130, 136 and 139. The amendments are consequential to the amendment that my noble friend successfully persuaded the Committee to accept on 9 July of this year. I beg to move.

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