Regulatory Enforcement and Sanctions Bill [HL]

We are grateful to the noble Lord, Lord Selsdon, for his initiative in tabling these amendments at a time when his Private Member’s Bill has successfully completed its Second Reading in this House and is awaiting its consideration in Committee. He was kind enough to say that my reply to him some time ago was the only satisfactory response he has had. I think that it owed more to my department then than it did to me personally, and I have to refute what he says about my knowing more about this subject than any other Minister. It is a nice thought, but I do not think that I am in that position. I believe that on the 23rd of this month the noble Lord met with my noble friend Lord West of Spithead, the Parliamentary Under-Secretary of State at the Home Office, to discuss the Government’s programme of work on the issues dealt with in his Bill on powers of entry, and that that relates to the substance of the amendments before the Committee today. I am able to confirm and put on the record that the Home Office is engaged in conducting a full review of all powers of entry for the police and for non-police agencies. As the noble Lord mentioned, this was announced by the Prime Minister in a speech made on 29 October last year. The review is looking at three distinct elements: first, an examination of all the existing powers, how they are operated and by whom, and what are the associated safeguards and protections; and secondly, an assessment of the continuing need for the powers, and whether the powers provided in individual statutes remain not just necessary, but proportionate too. The final stage will consider what individual powers should remain on the statute book and, importantly, provide an options paper for public consultation on the future legislative requirements for consolidating all powers of entry; and how we can raise public understanding; and awareness and avenues of redress. I think that the noble Lord and the Committee will agree that that is a fairly comprehensive review. I know that the noble Lord has indicated his willingness to share his knowledge of these matters in this area; we are very grateful to him for that. I confirm that this is absolutely a non-party issue and one where it is important to get it right. His positive approach is much appreciated. I hope that he will acknowledge that the programme of work that I have outlined pretty briefly tonight is planned to result in a public consultation paper in the autumn. The programme of work itself is significantly beyond the proposals in his amendment, well drafted though it obviously is. I ask the noble Lord to withdraw his amendment today. He has made his point extremely clearly to the Committee today and on the record in Hansard; I know that he made it very effectively to my noble friend Lord West when he met him the other day. There is obviously still much work to be done here by the Home Office. If he is going to tell me that that work must not be allowed to continue endlessly without action, I agree. The noble Lord, Lord Hodgson, talked about the information gateway. It is my fault, but that took me slightly by surprise. Let me say what I can on that issue. The exchange of information, as he and the noble Baroness will know, is governed by the Data Protection Act. Arrangements for the exchange and use of information are set out in statute and working protocols agreed by the Information Commissioner. In the context of the Bill, those arrangements apply to the LBRO as to other areas of government. Returning to the noble Lord, Lord Selsdon, I realise that my answer to him is not as full as it might be, but I hope that he will take away with him the knowledge that his amendments have some support in the Committee and that the Government are conscious of the need to put all this, eventually, after public consultation, on the future legislative bandwagon. In other words, I repeat: we will provide an option paper for public consultation on the future legislative requirements for consolidating all powers of entry. I cannot say when that will be, but his amendments today are another step on bringing that to the attention of both the public and Parliament, and I am grateful to him for that.