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Offender Management Bill

In Committee, I agreed to consider an amendment to include representatives of local authorities in the list of ““listed persons”” in subsection (2). The intention of the clause is to put beyond doubt for the main parties involved in managing offenders with whom and for what purposes data can be shared. It has been our view that it would not be sensible to include other organisations at this stage as ““listed persons”” on the basis that they might in future need to be included. However, we have recognised the unique position of local authorities and their existing responsibilities as regards offender management. In particular, they have established an important role with regard to the multi-agency public protection arrangements and the proper consideration of the housing and safeguarding of vulnerable groups. There is no reason to think that the sharing of data is or should be confined to specific types of very serious case, and on reflection we think that it would improve the Bill if that were recognised by the inclusion of local authorities in subsection (2). The amendment adds local authorities to the list of persons concerned in subsection (2), with the effect that local authorities will be able to exchange information with NOMS on a reciprocal basis for offender management purposes, but that does not entitle a local authority to share information on a reciprocal basis with other bodies listed in subsection (2), as those bodies are not part of NOMS. Typically, we envisage that local authorities will exchange information about offenders for whom they are providing housing or education or fulfilling social services department responsibilities. Importantly, however, the amendment does not restrict and exclude other areas in which local authorities already obtain information about offenders when performing important wider functions. One such example is the mandatory indicator in local area agreements between Government and local authorities to reduce the proportion of adult and young offenders, and prolific and other priority offenders, who reoffend. Not enabling the sharing of such information, on an express basis, would deprive NOMS of important operational flexibility when carrying out its offender management duties. Given the safeguards on data sharing imposed by the European convention on human rights and the Data Protection Act 1998, we can see no good reason for that. With that explanation, I hope that the House will accept the amendment.