ARCH guide to links on the house of lords debate 24/05/04
The committee stage of the clause 8 is available on
parliament TV (for about 2 weeks):
http://www.parliamentlive.tv/
Select Archive>House of Lords>search for children
The debate starts from the (currently page 15) entry Mon 24 May 6:03pm House of
Lords Children Bill: 4th Day Amendment 133A E Howe
The clause 8 tabled amendments 134-158 are at:
http://www.publications.parliament.uk/pa/ld200304/ldbills/035/amend/ml035-ic.htm
If you dont want to listen to 3-4 hours of debate, the a useful summary is to
listen to the final half hour: the comments of Earl Howe, Earl Northesk (who
seems to be very well briefed and mentioned ARCH
, Lord
Northbourne and Baroness Barker, where they summarise their ongoing concerns
despite the reassurances given by the minister in the previous debate in
opposition to clause 8 standing as part of the bill. This starts at:
Mon 24 May 9:28pm House of Lords Children Bill: 4th Day Amendment 157 L
Norton of Louth
Or 07:03:45 on the video clock
and includes the Earl Northesk politely telling the minister that
the legislation is half baked ![]()
The Hansard record is at:
http://www.publications.parliament.uk/pa/ld199900/ldhansrd/pdvn/lds04/text/40524-11.htm
The final half hour is at:
http://www.publications.parliament.uk/pa/ld199900/ldhansrd/pdvn/lds04/text/40524-22.htm
Page down to the end,
"24 May 2004 : Column 1154
On Question, Whether Clause 8 shall stand part of the Bill?"and go from there.
Summary:
At Committee Stage in the Lords, all amendments were withdrawn by their proposers.
The Government made a commitment to table several amendments at Report Stage. These will include specifying in the Bill:
a) the types of basic information that the databases will contain. That includes: name; date of birth; address; a unique identifying number, name and contact details of the person with parental responsibility or in charge of day-to-day care of the child; educational setting; GP practice details and health visitor if there is one working with the child.
b) a list of statutory bodies and other bodies that will be required or permitted to supply information to the database.
c) the persons and bodies allowed to share information, although there will
be a ‘little flexibility’ built into this: other bodies may be added by
secondary legislation.
There will also be an amendment to ensure that decisions about permitting or requiring disclosure of information cannot be sub-delegated, and that the database cannot require case details – only the name and contact details of any person providing services. It was accepted that the contact details may themselves be revealing if, for instance, the address is of a GUM Clinic or of mental health services. The government undertook to look at this issue again.
Clause 8 (7) could have allowed the Secretary of State to compel professionals to breach their duty of confidentiality, but this will now be amended to say that they ‘may’ breach it, not that they ‘must’.
An amendment to 8(9)(e) will institute cross-checking of information for accuracy.
Parents will retain the right under the Data Protection Act to know what is on the database.
The age at which information should be deleted will be covered in guidance.
Guidance will state that parents and young people should be informed when databases are being set up, of how they will work and in broad terms what information will be included on them and which types of professionals will have access to that information.
JCHR
The Joint Committee on Human Rights has recently reported on the Children Bill, and has written to Margaret Hodge for some answers about the proposed database system. You can read their concerns at: http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/93/9302.htm