Road Safety Bill [HL]

Clause 38 provides statutory authority to the DVLA in Great Britain and Driver and the Vehicle Licensing Northern Ireland (DVLNI) to disclose certain data to foreign counterparts. I have a number of concerns about the clause and wish to probe the Minister on the circumstances and extent to which these powers will be used. According to the Explanatory Notes the provision will allow the government to ratify the European Vehicle and Driving Licence Information System (EUCARIS) treaty. If so, why is the power that is accorded to the DVLA, the DVLNI and the department so wide? If the purpose is simply to allow ratification of the EUCARIS treaty, then why is the power not restricted to the relevant signatories—a treaty that other prominent European countries, such as France, Italy and Spain, have conspicuously not signed? Instead the clause permits that any information, subject to paragraphs (a) and (b) of subsections (1) and (2) can be made,"““available to the authorities of any country or territory outside the United Kingdom””." Why should the power be so extensive? I wish to probe the Minister as to the exact nature of the circumstances that would justify such disclosure. Does the clause allow the disclosure of information to foreign authorities where no reciprocal relationship exists? Where such a relationship is clearly and legally established, what are the exact purposes for which this information will be disclosed? How can British drivers be sure for what purposes foreign authorities will use this information? Once the information is disclosed to foreign authorities, how can we be sure that it is stored safely and used correctly in accordance with the Data Protection Act 1998? I wish to probe further. What safeguards are in place to prevent the improper use of such information by foreign authorities? How do we ensure that the information is used only for the agreed purpose? Furthermore, putting aside the reservations I have expressed, perhaps we may consider the intended purpose of the clause. It is worth considering the conclusions of the Parliamentary Advisory Council for Transport Safety. It suggests that in its current state the clause does not make the necessary provisions for any enforcement which might result from the intended disclosure. The PACTS suggests that in order to work effectively it will require the introduction of ““some form of owner liability””. Consequently, without that element any disclosure is simply a pointless exercise which jeopardises valuable information about British citizens by allowing it to be passed into the hands of foreign governments. I hope that the Minister will respond to my concerns. I beg to move.