My Lords, a couple of years ago, I was talking to a lady who had been adopted. One day, as an adult, she rang the hospital where she was born and asked what time of day her mother gave birth to her. She was told that she could not have that information because it was third-party information. She put the phone down and rang back about 10 minutes later, asked the same person whether they could tell her when she was born, and she was given the time of day.
I mention that to draw attention to a key point that lies at the heart of the debate. The way in which professionals decide to use information and the parameters within which they share information have never been fully clear. In debates on the primary legislation from which the regulations arise, we talked time and again to the Government about the need to recognise that the point made by the noble Lord, Lord Laming, in his inquiry into the death of Victoria Climbié was not that there should be a large database but that professionals should have a clear understanding of the Data Protection Act and their rights and responsibilities under it.
As someone who sat through that inquiry, I think that the database is a way around trying to deal with those issues, which are ultimately those that make a difference to children. It will be no surprise to the Minister that I speak as someone who has an interest in records about children. I have an ongoing interest in the way in which adults formerly in care suffer because of incomplete records and their inability to access their records.
It would be tempting to go back into a Second Reading speech but, because we should not, I simply want to ask the Minister to answer four questions that I do not see answered in the regulations. First, is the right to challenge information that is wrong or out of date enshrined and clearly understood? Who can do that? Can subjects do it?
Secondly, what safeguards are there against the misinterpretation of information? That is a drawback of the system to which the noble Lord, Lord Tunnicliffe, alluded: the information is so sparse that it can be interpreted in a number of ways. The fact that a child has been to see their GP four times in a year can tell you something or nothing. One does not need to be a genius in databases or the Children Act to look at cases where professionals have pursued their own lines of inquiry and have drawn into their net hundreds of children who should never have been included in investigations into abuse.
My third question for the Minister concerns the responsibility of the organisations that hold the records. Social services departments regularly go out of business and new ones are created; so, too, in the health service. Very few elements of the health service other than GPs have been stable for a long time. What requirements will be placed on organisations that may go out of business because of legislation to ensure that those records continue to be kept and available for access?
Finally, what does the Minister think of the figure of 330,000 staff, taking into account the number of people who leave the caring professions? There is huge turnover and high rates of temporary employment in social services. From my limited knowledge of databases, I am aware that it is often extremely difficult to get people off systems once they have been allowed on to them. What will be the protocols for ensuring that that is done and that former staff no longer have access to the records when they do not need it?
Children Act 2004 Information Database (England) Regulations 2007
Proceeding contribution from
Baroness Barker
(Liberal Democrat)
in the House of Lords on Wednesday, 18 July 2007.
It occurred during Debates on delegated legislation on Children Act 2004 Information Database (England) Regulations 2007.
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694 c327-9 
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2006-07
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