Children Bill [HL] — 15 Jul 2004 at 14:15

<[i>Amendment No. 4 not moved.]

moved Amendment No. 5:

Page 3, line 3, leave out paragraph (b) and insert-

"(b) young people in respect of whom a children's services authority has duties under sections 23C to 24D of the Children Act 1989 (c. 41); and"

On Question, amendment agreed to.

moved Amendment No. 6:

After Clause 3, insert the following new clause-

"FUNCTIONS OF THE SECRETARY OF STATE AS TO SHARING OF INFORMATION

(1) The Secretary of State has the following specific functions in respect of the sharing of information-

(a) to draw up and disseminate to the persons and bodies to whom this section applies guidance as to the sharing of information between and amongst themselves;

(b) to draw up and disseminate to the persons and bodies to whom this section applies guidance as to the circumstances in which it is appropriate for those persons and bodies to share information between and amongst themselves;

(c) to maintain under review the guidance set out in paragraphs (a) and (b) above.

(2) In drawing up the guidance set out at subsection (1)(a) and (b) above, and in reviewing such guidance under subsection (1)(c) the Secretary of State shall consult with-

(a) the Children's Commissioner;

(b) the Information Commissioner;

(c) such other interested persons and bodies with statutory responsibility for children as the Children's Commissioner sees fit.

(3) The guidance under subsection (1)(a) and (b) above shall in particular make provision-

(a) as to the nature of the information that, in the circumstances of the case, must or may be shared;

(b) as to procedures designed to ensure the accuracy and security of information shared;

(c) as to procedures designed to ensure, where appropriate, the co-ordination of the sharing of information between and amongst relevant agencies and persons;

(d) as to procedures designed to govern the circumstances in which information can be lawfully shared notwithstanding any rule of law which prohibits or restricts the disclosure of information;

(e) as to procedures designed to guarantee, as appropriate, the rights of data subjects in respect of any information about them that may be shared;

(f) as to procedures designed to govern the period for which it is appropriate that information should be shared and to ensure appropriate deletion of any information shared in compliance with the Data Protection Principles.

(4) This section applies to the persons and bodies identified at section 7(1) and any agencies, companies or individuals who may be contracted to work for them or to supply goods and services to them.

(5) The information for which provision may be made under this section may include-

(a) information as to services provided to, or activities carried out in relation to, an individual child to whom arrangements referred to in section 8(1) relate; and

(b) information which gives reasonable cause to suspect that a child is suffering or is likely to suffer significant harm.

(6) The Secretary of State may by regulations subject to affirmative resolutions in each House of Parliament, proscribe and penalise contravention of any guidance under this section as to the collection, sharing, use, holding and disclosure of information."

On Question, Whether the said amendment (No. 6) shall be agreed to?

*Their Lordships divided: Contents, 109; Not-Contents, 122.

Debate in Parliament | Historical Hansard | Source |