---

Equality Bill [HL]

moved Amendment No. 89:"Page 68, line 27, at end insert—" ““(a)   may not require a person to provide information that he is prohibited from disclosing by virtue of an enactment,”” The noble Baroness said: My Lords, the purpose of Amendments Nos. 89 and 98 is to address the position where there are potentially conflicting statutory provisions: on the one hand, the commission’s ability to compel material, on penalty of criminal sanction, while on the other, the party who holds the information does so subject to a prohibition on its disclosure. These amendments will therefore put beyond doubt that the commission will not be able to compel information as part of an inquiry, investigation, assessment, or compliance notice process which the holder is prohibited from disclosing by another piece of legislation. We think that this situation is most likely to arise in respect of public sector regulators. They obtain material as part of their own regulatory processes and are subject to statutory restrictions as to its further disclosure. This provision is intended to clarify that the person who receives a notice from the commission to produce material will not be required to comply with that notice to the extent that its disclosure to the commission would breach a statutory bar to disclosure to which it is subject. I beg to move. On Question, amendment agreed to.