The new clause relates to clauses 2, 3 and 4. Clause 2 will place a duty on providers and commissioners of publicly funded health and adult social care to use a consistent identifier in a person’s health and care records and correspondence. The consistent identifier must be specified in regulations, and the Government’s intention is that the NHS number will be specified. It is important to note, as my hon. Friend the Member for Stafford (Jeremy Lefroy) outlined, that the duty to use the NHS number would apply only in the direct provision of care and when it was in the individual’s best interests. As he articulately said, this matter is very different from the issues with care.data that we have discussed. There is a duty on professionals to share information in the best interests of patients in respect of the provision of direct care.
Clause 3 will introduce a duty to share information that is held by providers and commissioners when it is in an individual’s best interests and will support their
direct care and treatment. As we discussed in Committee, that is an essential part of the delivery of safe, effective and high-quality care.
Clause 4 defines health or adult social care commissioners or providers. Its effect will be that the duties imposed by clauses 2 and 3 will apply only to relevant health or adult social care commissioners or providers. They are defined as public bodies exercising health or adult social care in England and any person, other than an employee, who provides such services or care under arrangements within a public body.
I welcome the constructive support of the shadow Minister, the hon. Member for Copeland (Mr Reed), throughout the passage of the Bill. There has been a great deal of consensus, and rightly so. I am grateful for his support for the role of the national data guardian. As was discussed in Committee, the Government are committed to consulting on the role of the national data guardian and the Secretary of State has given his unequivocal support to the consultation. We believe that having a data guardian is an important additional safeguard in the system.
As the House will be aware, Dame Fiona Caldicott has been appointed as the first national data guardian and has already built up significant credibility in her role of challenging and scrutinising the way in which information is shared across the health and social care system. Strengthening and broadening the role of the national data guardian will further enhance the confidence of patients and the public that there is a strong voice for their rights and protections in this area.
Even without a legislative basis, Dame Fiona’s panel, which was previously known as the independent information governance oversight panel, has built its reputation as an effective and authoritative voice. It has helped to ensure that data and information are shared in a way that allows the health and care system to access what it needs to improve outcomes for patients, while protecting against their inappropriate use. Having made significant progress, there is now clear agreement across the House that it is important to embed the national data guardian in the health and care system as a powerful independent voice, and to put that role on a statutory footing.
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I understand that the new clause is motivated by a desire to support the further development of the national data guardian, but I hope that the hon. Gentleman will agree on reflection that primary legislation is not appropriate or necessary to ensure a consultation. I am pleased to see the desire across the House to consult, and there is a clear commitment from both main political parties to consult on the role of the guardian. Given that Government commitment, I hope the House will be reassured, particularly with the clear cross-party support, that the new clause is not necessary.
A public consultation is something to which the whole House is committed. The Government believe that the role of the national data guardian is crucial for protecting the interests of patients and service users, and rebuilding public confidence in how personal information is used. We must get the role of the data guardian right and consult properly. I do not believe that taking the unprecedented step of setting short and arbitrary deadlines to consult on legislation will in any way assist in getting the consultation right. Establishing the role of the data guardian is a complex process, and
as the House will agree, it is critical that the role and powers of the data guardian are properly consulted on. I am therefore pleased to inform the House that we are already consulting informally with key stakeholders, and the outcome of those informal conversations will be used to inform the full public consultation that will follow. It is likely that the deadline for any consultation as required in the new clause would fall within the period of purdah, and it is a long-standing convention, followed by successive Governments, that consultations may not take place within that period.
I reaffirm the commitment to put the national data guardian on a statutory footing at the first suitable legislative opportunity, with legal duties requiring organisations to abide by the advice, and legal powers and sanctions, including the ability to withdraw inappropriate access to data. We must protect against the misuse of personal data. We are committed to consulting a wide range of stakeholders on what functions and powers the national data guardian should have, and as I have outlined, that informal consultation has already begun. In future, the public consultation will include consideration of any sanctions that the national data guardian may place on those who misuse personal health and care information.
We are determined that the public consultation will ensure that the functions and powers associated with the national data guardian play an important part in increasing public confidence that information is being appropriately used and shared. The House will be pleased to note that we have established interim arrangements under which the national data guardian already has a strengthened role. Those interim measures include the Information Commissioner’s Office and the Care Quality Commission agreeing to pay regard to any concerns raised.
As there is so much common ground on the role of the national data guardian, and a clear commitment to consult fully, I hope the hon. Gentleman will agree with the approach I have outlined and be satisfied with my reassurances, and that he will withdraw the new clause.