Statistics and Registration Service Bill

The amendments would prevent the Secretary of State for Health, other public authorities or Welsh Ministers from disclosing a patient’s name to the board. As the Office for National Statistics does currently, the board will need access to identifiable information, including, on occasion, names, if it is to continue to produce useful and meaningful population statistics derived from patient registration information. Although the ONS never discloses names in any statistical outputs—nor would the board—names can be used to assist in the production of population statistics such as birth and mortality rates, where other identifying factors are inadequate. For example, in order to produce birth and mortality rates, it is necessary for the ONS to link patient registration information with birth and death records held by the Registrar-General, who is also the National Statistician. In many cases, the ONS can link the records by using the NHS number or other identifiers. However, this is sometimes unsuccessful because an incorrect NHS number has been identified at death or no NHS number has been given. In these circumstances, it is necessary for the board to use other identifiers, such as name, to make the necessary linkages. It is therefore important for there to be flexibility over the information that the board receives from the Secretary of State for Health, other public authority or Welsh Ministers. This will help to ensure that the board can continue to produce population statistics based on reliable and accurate data. Identifiable information would not be released by the board in the processing or publication of population statistics, which will all continue to be released in aggregate form. As Members of the Committee are aware, the board’s use of this information will be governed by Clause 36, which contains safeguards, including a confidentiality obligation for personal information held by the board or anyone else who has received such information directly or indirectly from the board. The board’s handling and disclosure of the personal information received under these clauses will also be governed, as I explained on the previous amendment, by the protections afforded by the Human Rights Act 1998 and the Data Protection Act 1998. As I said in relation to the previous amendments, Clauses 40 and 41 contain additional safeguards in that disclosure by the board of any information received under these clauses, either for the purpose of enabling or assisting the board to exercise any of its functions or to an approved researcher, can be made only with the express consent of the Secretary of State for Health. In addition, and again as I have already said, it is likely that the data sharing envisaged by Clauses 40 and 41 will be underpinned by a Memorandum of Understanding or service level agreement between the board and the Secretary of State for Health. The Memorandum of Understanding or service level agreement would encompass issues such as confidentiality and disclosure. Any changes to the Memorandum of Understanding or service level agreement, by their very nature, would need the agreement of the Secretary of State for Health, as would the initial disclosure envisaged by Clauses 40 and 41. In view of these safeguards, I hope that the noble Baroness will feel able to withdraw the amendment.