Clause 2 gives a power to define the kinds of information that can be supplied under Clause 1. Setting out the details in secondary legislation means the type of information that can be supplied can be adjusted, depending on operational requirements, without the need for further primary legislation, although it cannot be changed at will because the negative resolution of parliamentary control applies.
We have updated a draft order showing how we plan to use the powers in an order we intend to make immediately after Royal Assent. The order was shared at the Commons Committee stage. If the noble Lord has not seen it, I suggest that we share it with him and other Members of the Committee. Amendment No. 16 would remove this power, changing the definition of ““prescribed”” to mean information set out in a schedule. Amendment No. 30 sets out the information that can be disclosed.
Amendment No. 17 would require the order to be made using the affirmative resolution procedure. As I have said, orders made under this clause as drafted are subject to the negative resolution form of parliamentary control. Amendment No. 18 removes the provision which allows regulations to be made for different cases. This appears to be consequential on Amendment No. 16.
The noble Lord, Lord Clement-Jones, mentioned the Delegated Powers and Regulatory Reform Committee report of the 2006-07 Session. The committee said that: "““This bill is to give legal authority for the disclosure of social security and war pensions information, with a view to maximising take-up under the proposed Digital Switchover Help Scheme. The Department for Culture, Media and Sporthave provided a delegated powers memorandum (printed at Appendix 1) to explain the delegations in clause 2. The delegations are not inappropriate and there is nothing in the bill which we wish to draw to the attention of the House””."
It is worth saying that opposition parties are always quick to point out where the Delegated Powers Committee has concerns. In general, the Government respond very positively to the committee’s recommendations. In this case, it has given our approach a clean bill of health.
Digital Switchover (Disclosure of Information) Bill
Proceeding contribution from
Lord Evans of Temple Guiting
(Labour)
in the House of Lords on Thursday, 22 March 2007.
It occurred during Debate on bills
and
Committee proceeding on Digital Switchover (Disclosure of Information) Bill.
Type
Proceeding contribution
Reference
690 c272-3GC 
Session
2006-07
Chamber / Committee
House of Lords Grand Committee
Subjects
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Timestamp
2023-12-15 12:45:41 +0000
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