My Lords, in moving Amendment 18, which amends paragraph 4(9) of Schedule 9, I shall also speak to Amendment 19, which makes an identical amendment to paragraph 5(2) of Schedule 11. These are minor and technical amendments that ensure the provisions in the Bill which limit fines for unauthorised disclosure of information incorporate the changes being made to limits on fines by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, known lovingly to many noble Lords as the LASPO Act.
The Bill currently provides for what happens if the provisions in the 2012 Act come into force before the day on which the Bill is passed. It omits to provide for what happens if the 2012 Act comes into force on the same day as this Bill is passed. The amendments correct that omission. If commencement of this Bill precedes commencement of the relevant part of LASPO, that legislation provides for such changes to be applied to earlier legislation. This means that, once the provisions of the 2012 Act are in effect, which, among other things not relevant here, removes the upper limit—previously set at £5,000—on level 5 fines, any offences committed after that time which would be subject to such a fine would no longer be limited to a maximum fine of £5,000.
The effect of this part of the LASPO Act 2012 on the Bill is that it will ensure that offences relating to the unauthorised disclosure of audit information provided for data-matching exercises or the wrongful disclosure of information by an auditor or inspector or a person acting on their behalf will continue to be treated as seriously as other offences previously subject to level 5 fines, and will ensure that for more serious offences the punishment can better fit the crime. I therefore beg to move Amendment 18 and that Amendment 19 be moved at the appropriate time during discussion of Schedule 11.