Proceeding contribution from David Howarth (Liberal Democrat) in the House of Commons on Monday, 26 January 2009. It occurred during Debate on bill on Coroners and Justice Bill.
Coroners and Justice Bill
I beg to move an amendment, to leave out from ““That”” to the end of the Question and add:"““this House declines to give a Second Reading to the Coroners and Justice Bill because it provides for inquests in private and without a jury, at the behest of the Secretary of State and on grounds that are overbroad; because it unduly restricts what coroners and inquest juries may say about a death; because it proposes reforms to the law of murder that are ill-thought through and incomplete; because it fails to deal with legitimate criticisms of the legislation on anonymous witnesses, and in particular because it fails to make adequate provision for the use of special counsel; because the system of sentencing guidelines it proposes fails to incorporate adequately the aim of reducing re-offending; because it will allow unlimited data sharing to occur between any organisations or persons for the purposes of supporting unspecified government policies, regardless of the safeguards contained in other legislation; and because, to the extent that other measures proposed in the Bill are welcome and not merely symbolic, those measures should have been brought forward in separate Bills to allow them to be scrutinised more carefully.””" I have waited a long time to move an amendment on Second Reading. This is a hotch-potch of a Bill. A Second Reading debate is supposed to be about the principle of the Bill, but it is not clear how a Bill such as this, which at a conservative estimate deals with 28 different topics and amends 56 different Acts of Parliament can have any single principle at all, apart from being a sort of Christmas tree Bill, on to which the Government can hang any topic they think useful to debate from the point of view of the all-important media grid, the device by which future announcements are planned out for the year in advance and by which this country has been governed for the past 12 years. [Interruption.] The Secretary of State says if only life were like that, but to a great extent it has been like that; it has just been a matter of people getting their slot in the grid at the right time. The other principle of legislative drafting that the Bill seems to follow is that of the red rag and the smuggle. A red rag is a provision in a Bill that is designed to attract the attention of hot-headed Members of this House, and about which the Government do not, in reality, care very much either way, while they smuggle in, largely unnoticed and unchallenged, a lot of significant stuff that otherwise might attract severe criticism. The problem with this Bill is that it is not entirely clear which provisions are the red rags and which are the contraband. Working on the general principle that to avoid scrutiny in Committee, the usual tactic is to put the contraband at the end and the red rag at the start, my guess is that the provisions on data sharing are the contraband and those on secret inquests are the red rag. That is why I am going to start by discussing the provisions on data sharing, especially in the light of this morning's news that yet more personal information has been lost—this time with regard to the British Council. It is right to say that data sharing can be a good thing—I would not deny many of the remarks made by the right hon. Member for Cardiff, South and Penarth (Alun Michael)—but there is a massive downside and we need to bear in mind that it massively increases the risks if data are lost. Clause 152 would create amazingly broad exemptions to the principles of the data protection legislation. If the issue were specific exemptions from specific powers, it would be a different matter, but we are not. The Bill would allow Ministers to authorise data sharing between any person and any other person, regardless of what any other legislation—apart from the Regulation of Investigatory Powers Act 2000—says. So that would be despite what the data protection and the human rights legislation say about privacy. Under clause 152 in proposed new section 50B(h), a data-sharing order would be allowed to ““modify any enactment””.
Secondary information
- Type
- Proceeding contribution
- Reference
- 487 c60-1
- Session
- 2008-09
- Chamber / Committee
- House of Commons chamber
- Subjects
- Children Disclosure of information Data protection Bail Administration of justice Armed forces Death Certification Coroners Juries Electronic surveillance Homosexuality Evidence ICT Incitement Homicide Health professions Internet Discrimination Ethnic groups Freedom of expression Personal records Prisons Mental capacity Pornography Offences against children Sentencing Registration Young people Security Witnesses Victims Technology Suicide Sentencing Council for England and Wales Information sharing
- Legislation
- Coroners and Justice Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
Librarians' tools
- Timestamp
- 2025-01-04 09:28:44 +0000
- URI
- http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_522936
- In Indexing
- http://indexing.parliament.uk/Content/Edit/1?uri=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_522936
- In Solr
- https://search.parliament.uk/claw/solr/?id=http://data.parliament.uk/pimsdata/hansard/CONTRIBUTION_522936