Proceeding contribution from Lord McKenzie of Luton (Labour) in the House of Lords on Tuesday, 3 November 2009. It occurred during Debate on bill on Welfare Reform Bill.
Welfare Reform Bill
My Lords, I shall speak also to the other amendments in this group. I bring them forward to place in the Bill the reassurances that I gave in response to concerns expressed in Committee on medical details and the passing on of information that the department receives. These amendments tighten up the data-sharing powers considerably, in particular by preventing Jobcentre Plus from obtaining information about a person’s medical and social work history. The amendments also provide that the information provided by the police and probation service can be used only by those involved in administering the new programme. The revised data-sharing provisions are intended to help Jobcentre Plus identify problem drug users so that they can be provided with the support that they need to prepare for and find work. We are aware that some problem drug users will not disclose that they have a drug problem due to stigma or embarrassment, or for other reasons. I also take this opportunity to remind noble Lords that in criminal proceedings the prosecution may adduce no evidence relating to any answer given by a person to the department about his or her drug use. Information will be provided about persons who have tested positive for drug use when arrested or charged for an offence by the police, but who fail to attend either an initial or a follow-up assessment of their drug use. Information will also be provided by the probation service to Jobcentre Plus on individuals subject to drug rehabilitation requirements issued by the court as part of a community sentence. Such people should already be in treatment, but provision of their details will enable them to be included in the programme. Existing powers will allow information about people who have recently left prison to be provided by the Prison Service. However, all these information flows will be one-way. Jobcentre Plus will not provide data to the criminal justice system. The information will be passed on only to Jobcentre Plus service providers or the drugs workers responsible for carrying out the substance-related assessments. The information will be disclosed elsewhere only if Jobcentre Plus, or the person holding the information, is ordered by a court to do so, or where they are required to disclose in order to comply with a statutory duty. As a further safeguard, the affirmative parliamentary procedure will apply to all the regulations made under Schedule 3. Before they can come into force, they will have to be approved in draft by both Houses. The regulations will also be drafted to ensure that the requirements that they impose on benefit claimants are compatible with the European Convention on Human Rights. With these restrictions now in place and the reassurances I have given, I hope that noble Lords will accept these amendments. I beg to move.
Secondary information
- Type
- Proceeding contribution
- Reference
- 714 c168-9
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Council tax benefits Children Disability living allowance Disclosure of information Criminal proceedings Benefits rules Community care Employment Jobseeker's allowance Driving Disqualification Domestic abuse Drugs Fathers Medical treatments Pilot schemes Parents Misuse Passports Lone parents Parental responsibility Social security Social security benefits Rehabilitation Registration Registration of births, deaths, marriages and civil partnerships Travel restrictions Information sharing
- Legislation
- Welfare Reform Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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