In moving Amendment 15, I will speak also to Amendment 16. Again, I hope to be brief.
This takes us to the provisions about electronic monitoring, the first of which provides in new Section 215A(1) that there should be a code of practice relating to the processing—I stress “processing”—of
“data gathered in the course of … monitoring … offenders under electronic monitoring requirements”.
My amendment would extend this code to the use of data. I hope that it is pretty obvious what that is about. Processing is a mechanical matter. The use of data is how you apply what you have discovered. That takes us into civil liberties areas. I hope that the Minister will acknowledge that this is something more than processing and that we can find a way to cover it.
Amendment 16 provides for consultation in preparing a code. The Secretary of State will have the obligation to issue the code. I remember that in the Protection of Freedoms Act there was provision for consultation by the Secretary of State in developing a code of practice relating to camera surveillance systems. This amendment is very closely based on that provision. I have listed a number of post-holders and organisations that will have a particular point of view on what needs to be considered when electronic monitoring is to be a part of a disposal.
Earlier, the noble Lord, Lord Ramsbotham, told us that he would have to leave. I say in his absence that I am extremely flattered that he has added his name to a piece of my drafting.