Coroners and Justice Bill

I am grateful to the hon. Gentleman for making that point, on which he can expand when he makes his speech. Amendments 80 to 85 relate to clause 155, which sets up the data-sharing code of practice. They would ensure that there is an affirmative resolution of both Houses before the commissioner issues the data-sharing code. Given that the Secretary of State is removing the key data-sharing provision, clause 154, from the Bill, why is it necessary to have a data-sharing code? Is that not a little suspicious and illogical? Surely the Secretary of Sate's credibility in the matter would be reinforced if he also withdrew clause 155. Otherwise, people will conclude that if the power to set up a data-sharing code is left in the Bill, the Government will return at some stage with their totally unacceptable data-sharing proposals. However, if the Secretary of State does decide that the data-sharing code proposals must stay in the Bill, surely it makes sense to accept our amendments 80 to 85. I turn to our amendments 86 to 88. In Committee, we discussed at length the apparent anomaly that the assessment notice regime applied to the public sector only. May I refer again to the submission to the Committee by Sir Mark Walport and Richard Thomas, the Information Commissioner? The submission pointed out:""As we stated in the report, distinguishing between public, private and voluntary sectors makes little sense, especially as more information is shared across sectors whose boundary lines are forever shifting."" The Information Commissioner went on to say:""Private and third sector bodies frequently carry out work for public sector ones. It is common for charities, for example, to carry out functions on behalf of local government. As it stands, we could inspect the local council but not the charity."" I argued in Committee that as a consequence of the private sector's ever greater involvement with Government Departments, agencies and local government, there was an increased blurring of the barriers between the public and private sectors. I gave a couple of examples. The Crown Prosecution Service and the Solicitor-General have a large contract with what was LogicaCMG that covers the provision, support and maintenance of hardware and software applications used by the CPS, including the management of a number of large databases such as the witness management system and the graduated fee scheme for counsel. Another example relates to the Department for Business, Enterprise and Regulatory Reform, which manages a large number of public sector databases but also has a number of private sector contractors. In fact, of its 166 databases, 75 are maintained by the Department but 90 are run by private sector contractors. Obviously, there is substantial blurring between the two sectors. Amendments 23 and 24 would bring the private sector into the assessment notice regime. The Minister has argued that such an extension to the private sector would place extra burdens on business and conflict with the Hampton principles. My party believes passionately in reducing the burdens on business, so it is hard to ignore the Minister's concerns; she also raised various points about powers of entry. She feels that a more co-operative approach between business and the Information Commissioner would be desirable. However, I submit that there is a compromise solution. Amendments 86 to 88 would extend the less severe and substantially less burdensome information notice regime to the private sector. Crucially, the information notices in schedule 18 do not confer powers of entry, so why does the Minister not accept the amendments as a way to extend the Information Commissioner's powers to the private sector in a much less onerous manner? I urge the Minister to accept that argument. She has said clearly that she does not want the assessment notice regime to be extended to the private sector, and she has given her reasons for that, but surely our compromise solution would make a great deal of sense. I turn to Government amendment 25. We argued in Committee as powerfully as we could that clause 154—it was clause 152 at the time—should be deleted. In response, the Minister gave numerous reasons why the clause was needed. We had a vote and lost it. Then we heard that the Government were in the process of climbing down—unfortunately, that was announced in the Sunday press, rather than in Committee or on the Floor of the House. The Secretary of State then tabled his amendment.