My Lords, I thank the noble Lord, Lord Clement-Jones, and the noble Baroness, Lady Jones of Whitchurch, for their amendments to Schedule 15 to the Bill, which sets out the governance structure of the new information commission.
The ICO governance reforms ensure its accountability to Parliament. Before I go any further, let me stress that the Government are committed to the ICO’s ongoing independence. We have worked closely with the Information Commissioner, who is supportive of the reforms, which they state allow the ICO
“to continue to operate as a trusted, fair and independent regulator”.
The Government’s view, therefore, is that this Bill is compatible with maintaining the free flow of personal data from Europe. These reforms have been designed carefully with appropriate safeguards in place to protect the information commission’s independence and ensure accountability before Parliament on important issues such as public appointments, money and accounts.
The Bill requires the Secretary of State to give the member a written statement of reasons for the removal and make public the decision to do so, ensuring accountability and transparency. This process is in line
with standard practice for other UK regulators, such as Ofcom, which do not require parliamentary oversight for the removal of non-executives.
The chair can be removed only by His Majesty on an Address by both Houses, provided that the Secretary of State presents a report in Parliament stating that they are satisfied that there are serious grounds for removal, as set out in the Bill. This follows the process for the removal of the current Information Commissioner.
Greater performance measurement will help the ICO achieve its objectives and enable it to adjust its resources to prioritise key areas of work. This will also increase accountability to Parliament—a point raised by both noble Lords—organisations and the public, who have an interest in its effectiveness.
The Government are satisfied that these processes safeguard the integrity of the regulator, are in line with best practices for other regulators and, crucially, balance the importance of the information commission’s independence with appropriate oversight by the Government and Parliament as necessary. The regulator is, and remains, accountable to Parliament, not the Government, in its delivery of data protection regulation.
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The amendments of the noble Lord, Lord Clement-Jones, also seek to provide for commission members to have a particular focus on specialist areas or to be appointed for specific tasks. Given the breadth of the commission’s remit, we do not feel it would be appropriate for the Government to set out in legislation specific areas that should receive heightened prominence over others. However, I reassure the noble Lord that our reforms will ensure that the commission has the right expertise and skills. The Bill provides for the commission to set up committees consisting of persons who are not members of the commission, thereby enabling it to draw on expertise in any number of areas and specialisms.
Amendment 259, from the noble Baroness, Lady Jones of Whitchurch, seeks to prevent members of the information commission from seeking employment from the industries regulated by the commission in certain circumstances after leaving office. We are content that the Bill already provides appropriate safeguards to avoid any potential conflicts of interest for non-executive members, both prior to their appointment as well as on an ongoing basis during their tenure. Furthermore, all members of the commission will be bound by a duty of confidentiality, provided for in legislation, which will continue to apply after leaving office. The rules on the acceptance of future employment by former board members are customarily set by the relevant public body to reflect the specific environment in which the board operates, as provided for in the Code of Conduct for Board Members of Public Bodies. It would therefore not be appropriate for the Government to legislate on these matters.
For these reasons, I hope noble Lords will be content to withdraw their amendments.