Company Law Reform Bill [HL]

moved Amendment No. 280:"After Clause 445, insert the following new clause—" ““DATA PROTECTION, ETC Nothing in sections 442 to 445 authorises the making of a disclosure which— (a)   contravenes the Data Protection Act 1998 (c. 29), or (b)   is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).”” The noble Baroness said: My Lords, I very much hope that the Minister will agree with the amendment. He is clearly very happy about it, so I am full of hope. Amendment No. 280 inserts a new clause after Clause 445. That ensures that nothing in the information disclosure provisions of Clauses 442 to 445 infringes either the Data Protection Act 1998 or Part 1 of the Regulation of Investigatory Powers Act 2000. I note with pleasure that Clause 630(9) contains a similar reference to the Data Protection Act in relation to the Takeover Panel. To that extent, my amendment achieves consistency in the Bill. I then referred back to the Act to which I have already referred today, which is the Commissioners for Revenue and Customs Act 2005. Section 22 of that Act is drafted in precisely the terms of my amendment. The importance of the amendment is that it makes clear that the Bill in no way changes the obligations and rights that exist under the Data Protection Act and the Regulation of Investigatory Powers Act. I hope that the Minister will want to ensure that there is complete consistency and clarity within the Bill. To refer to the Act in one place and not another raises questions about the information disclosure provisions in one part of the Bill as compared to another. I hope that the Minister will accept that the amendment is important and that we must not leave any chink to allow an argument that the protections of those Acts, which are important, are in any way diminished by the Bill. I should also say that I have resisted the temptation to gold-plate the amendment, as some would prefer, by also importing references to the Human Rights Act. However, I must say that similar issues arise. I hope that the Minister agrees with our amendment and that he will want to perfect the drafting of Clause 630 on Third Reading. I beg to move.