Clause 28 - Disclosure of information

Terrorism (Protection of Premises) Bill – in a Public Bill Committee am 2:15 pm ar 31 Hydref 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Dan Jarvis Dan Jarvis The Minister of State, Home Department 2:15, 31 Hydref 2024

I beg to move amendment 9, in clause 28, page 20, line 1, at end insert—

“(A1) Any person may disclose information to the Security Industry Authority for the purposes of the exercise by the Security Industry Authority of any of its functions under this Part.

(A2) The Security Industry Authority may disclose information held in connection with the exercise of any of its functions under this Part to—

(a) any person for the purposes of the exercise by the Security Industry Authority of any of its functions under this Part;

(b) any person with functions of a public nature for the purposes of the exercise by that person of any of those functions.”

This amendment makes provision about the disclosure of information to, and by, the Security Industry Authority.

Photo of Edward Leigh Edward Leigh Father of the House of Commons

With this it will be convenient to discuss clause stand part.

Photo of Dan Jarvis Dan Jarvis The Minister of State, Home Department

Clause 28 provides that any necessary disclosure of information under the Bill will not constitute a breach of obligations of confidence owed by the individual or body making the disclosure. At the same time, the Bill ensures that the disclosure of information under the Bill is in accordance with the requirements of the data protection legislation and any relevant prohibitions in the Investigatory Powers Act 2016. The clause provides assurance that disclosures required by the Bill should not contravene data protection and other relevant obligations.

Government amendment 9 ensures that the clause achieves the aims of the Bill. For the SIA to effectively carry out investigation and enforcement, it is vital that it can receive and use relevant information, especially that held by other regulatory and public bodies. Government amendment 9 therefore seeks to ensure that there is a clear and express information-sharing gateway for both the SIA and those who propose to share relevant information with it. The gateway is appropriately limited to either the SIA exchanging information with any person so long as it is for the purposes of the SIA exercising its functions under the Bill, or the SIA sharing information with other public bodies to exercise that body’s existing public functions. In relation to the latter, many of those bodies will derive their relevant functions from statute, but in some limited cases, the public functions will not be statutory, such as for sharing with central Government.

As clause 28 already provides, disclosures required or permitted by the Bill must be in accordance with the data protection legislation and the Investigatory Powers Act 2016. That ensures that there will be compliance with the requirements of the Data Protection Act 2018 and UK GDPR. I hope the Committee will support the amendment.

Photo of Linsey Farnsworth Linsey Farnsworth Llafur, Amber Valley 2:30, 31 Hydref 2024

I intend to speak only briefly on the clause. I welcome the data protection assurances given by the Minister. This is an important clause because it allows the SIA to receive and share information by way of disclosures to facilitate the exercising of its functions. This morning the Minister spoke about our security agencies having thwarted 43 late-stage plots. Integral to that would have been the sharing of intelligence. Sadly, that is not always the case, as we saw in Manchester—terror plots do happen.

Time and time again in inquiries following tragic events, whether that is large-scale disasters or children being harmed in the family home, we hear people confirming that things could have been so different if only agencies had shared information and disclosures had been made. Clause 28, as amended, will allow important preventive work to be undertaken and information to be shared. It will only serve to strengthen the SIA’s ability to ensure our safety.

Photo of Dan Jarvis Dan Jarvis The Minister of State, Home Department

I very much thank my hon. Friend for her helpful contribution. I trust that hon. Members agree that these measures should stand part of the Bill.

Amendment 9 agreed to.

Clause 28, as amended, ordered to stand part of the Bill.