My Lords, I speak to Amendments 18 and 19 in my name and that of my noble friend Lady Hamwee.
Amendment 18 concerns information disclosed to a court, under the same paragraph—paragraph 27 of Schedule 16—as my noble friend’s earlier amendment; it relates to social security information and information to be disclosed by HMRC relating to a defendant’s finances. In both cases, the information is disclosed to assist the court in inquiring into the defendant’s financial circumstances. Sub-paragraphs (3) and (5) of paragraph 27 limit the purposes for which the disclosure is to be made and used—broadly for the purpose of assisting the court in dealing with the offender, with a general prohibition on further and wider disclosure. So far, that all seems entirely appropriate, but sub-paragraph (7)(b) appears to allow such information to be disclosed much
more widely and outside the ambit of the proceedings before the court concerning the defendant, provided only that the information is summarised—what is sometimes called “gisted”—and anonymised by framing it in such a way that the defendant is not identified. That allows disclosure of social security and HMRC information relating to the finances of the offender for purposes other than his sentencing which was the purpose for which the information was originally obtained from the government bodies concerned.
What is the point of sub-paragraph (7)(b)? If there is a point to this collection of information, is this Bill and is this Schedule the place for its introduction? If we are to widen powers to obtain and use information in this gisted and anonymised form, then provisions authorising that should form part of a Bill concerning the collection of such information and not be added by a side wind in this way to a schedule which concerns sentencing and information required to assist the court with that sentencing.
Amendment 19 would ensure that, where social security or financial information about a defendant is obtained from the relevant government departments, the defendant must be shown that information and be told to whom it has been disclosed. It is fundamental that a defendant, about whom confidential financial information is obtained from government in connection with proceedings against him, should be entitled, as of right, to see that information to enable him to challenge and explain it, to know the information upon which the court is asked to act and also to know the identity of anyone to whom it has been disclosed. The paragraph, as drafted, permits such disclosure to him, or at least it does not prohibit it, by sub-paragraph (7)(a), but it does not require it and it should.
Will the Minister consider accepting the amendments or at least take them away and come back with amendments to the same effect?