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Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026

My Lords, I thank the Minister for his introduction. Of course, we recognise that this instrument is a technical necessity. It ensures that the statute book remains coherent as we transition from the Office of the Information Commissioner to the new Information Commission. Obviously, not to agree these regulations would be to invite legal ambiguity across hundreds of pieces of legislation, from the Public Records Act to the UK GDPR.

However, accepting the technicality of this SI does not mean that we on these Benches have moved past our deep-seated reservations regarding the original Data (Use and Access) Act 2025. The Liberal Democrats

argued throughout the passage of the original Bill that the governance upgrade that the Government describe is in reality a threat to regulatory independence. By replacing a singular independent Information Commissioner with a commission, the members of which are largely appointed by the Secretary of State, the Government have increased the risk of political interference. We remain concerned that the Act has weakened the rights of citizens, as we debated during the passage of the Act, and specifically we regret the reduced independence, with the new structure allowing the Secretary of State to have a greater hand in the commission’s strategic priorities.

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On data subject complaints, we warned that changes to how complaints are handled could make it harder for individuals to challenge the misuse of their personal data. On the vague purpose of research, we consistently argued that broadening the definitions of “research and statistical purposes” in Section 67 without robust safeguards risks opening the door to corporate data mining under the guise of scientific progress.

I have several questions for the Minister regarding the timeline for the new commission. On the commencement of Section 119, these regulations generally come into force only when Section 119, on the transfer of functions, is fully active. The Minister mentioned that it would be later in the spring, but can he provide a definitive date for when the Information Commissioner will be abolished and the commission will take over?

On the appointment process, while we see the transitional provisions to protect the pension of the first chair, what is the status of the recruitment for the remaining executive and non-executive members? Is the Minister satisfied that the transfer of staff and property under Section 120 is on track to ensure that there is no dip in enforcement capability during this period of restructuring?

Given that these amendments touch upon legislation in Scotland, Wales and Northern Ireland, has the Minister received assurances from the devolved Administrations that they are ready for this change on their respective statute books?

In summary, we accept these regulations as a matter of legislative housekeeping, but we maintain our criticism of the 2025 Act, which we believe traded independence for bureaucratic convenience. We will be watching the new Information Commission closely to ensure that it remains a defender of the public, not an instrument of the department. I look forward to the Minister’s response.