Moved by
Earl Howe
119Q: After Clause 40, insert the following new Clause—
“Information: infected blood compensation scheme
(1) The IBCA may provide information to another person, and a person may provide information to the IBCA, for the purposes of any matter connected with the administration of the infected blood compensation scheme.
(2) The IBCA may by notice in writing require a person to provide information to the IBCA for the purposes of any matter connected with the administration of the infected blood compensation scheme.
(3) If a person fails to comply with a notice under subsection (2), the IBCA may apply to the appropriate court for an order requiring the person to comply with the notice.
(4) The information referred to in this section may comprise or include personal data.
(5) This section does not limit the circumstances in which information may be disclosed apart from this section.
(6) Except as provided by subsection (7), a disclosure of information authorised by or required under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(7) This section does not authorise or require the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the powers conferred and duties imposed by this section).
(8) In this section—
“the appropriate court” means—
(a) in England and Wales and Northern Ireland, the High Court;
(b) in Scotland, the Court of Session;
“personal data”, “processing” and
“the data protection legislation” have the meanings given by section 3 of the Data Protection Act 2018.”
Member’s explanatory statement
This new Clause enables the IBCA and other persons to provide information to each other for the purposes of any matter connected with the administration of the infected blood compensation scheme and also enables the IBCA to require other persons to provide information for those purposes.
119R: After Clause 40, insert the following new Clause—
“Duty to co-operate with the IBCA
(1) Each relevant person must co-operate with the IBCA on any matter connected with the making of payments to persons in connection with those persons, or other persons, being treated with infected blood, infected blood products or infected tissue.
(2) The relevant persons are—
(a) the Secretary of State;
(b) the Minister for the Cabinet Office;
(c) a Special Health Authority established under section 28 of the National Health Service Act 2006;
(d) the Welsh Ministers;
(e) a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;
(f) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006;
(g) the Scottish Ministers;
(h) a person who has at any time been appointed by the Scottish Ministers under section 28(4)(d) of the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) to manage a scheme made under that section;
(i) the Department of Health in Northern Ireland;
(j) the Regional Business Services Organisation established by section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c.1 (N.I.));
(k) any other persons specified as relevant persons in regulations made by the Secretary of State or the Minister for the Cabinet Office for the purposes of this section.
(3) Regulations under subsection (2)(k)—
(a) may not specify a Welsh body as a relevant person unless the Welsh Ministers consent;
(b) may not specify a Scottish body as a relevant person unless the Scottish Ministers consent;
(c) may not specify a Northern Ireland body as a relevant person unless the Department of Health in Northern Ireland consents.
(4) In subsection (3)—
“Welsh body” means—
(a) a devolved Welsh authority as defined in section 157A of the Government of Wales Act 2006;
(b) a person providing services to a person within paragraph (a);
“Scottish body” means—
(a) a person who is a part of the Scottish Administration;
(b) a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998);
(c) a person providing services to a person within paragraph (a) or (b);
“Northern Ireland body” means—
(a) a Northern Ireland department;
(b) a public authority whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters (within the meaning of the Northern Ireland Act 1998);
(c) a person providing services to a person within paragraph (a) or (b).”
Member’s explanatory statement
This new Clause requires the persons listed in subsection (2) to co-operate with the IBCA on any matter connected with the making of payments to persons in connection with those persons, or other persons, being treated with infected blood, infected blood products or infected tissue.