Baroness Jones of Whitchurch (Lab)

My Lords, I beg to move Government Amendment 264A, and will speak to Government Amendments 265A, 271A, 272A, 273M, 273P, 273S, 279A, 279B, 279C, 279D, 279E, 279F and 279G. I thank all noble Lords who attended the all-Peers briefing on these amendments that I gave on 8 May. As was explained at that time, the amendments aim to make the creation of the fair work agency effective, including by ensuring a smooth transition from the current arrangements, and they are not new policy. Without the correct information-sharing gateways, the fair work agency will not be able to do its job; Clause 132 is vital to making sure that it can. Government Amendment 273M makes a minor drafting change to Clause 132(3). Specifically, it clarifies that information obtained by the fair work agency in connection with an enforcement or civil proceedings function under Part 5 of the Bill can be used for other functions under Part 5. This change ensures that the benefits of bringing together responsibility for enforcing a range of rights are fully realised. Government Amendment 273P adds the Security Industry Authority to the list of persons in Schedule 9. This will enable the fair work agency enforcement officers to disclose information obtained under the enforcement functions in Part 5 of the Bill with the Security Industry Authority, where that information relates to its statutory functions. Any disclosure will be subject to other restrictions in the Bill and existing safeguards. For example, a disclosure will not be authorised under Clause 132 if it would constitute a breach of data protection legislation or is otherwise prohibited by certain provisions of the Investigatory Powers Act 2016. Government Amendment 279A clarifies that the information captured by the definition of “HMRC information” in Clause 134 will be subject to appropriate safeguards regarding onward disclosure where specified conditions are met. This will ensure that there will be continuity as we set up the fair work agency and that all information is handled with the appropriate sensitivities. Government Amendment 271A is a minor technical amendment to Clause 111. It sets out that where a liable party has failed to comply with the requirement in a notice of underpayment to repay arrears to an individual, the fair work agency can make an application to court for an order. Sub-paragraph (6) defines “a court” for the purposes of this section. This amendment clarifies that summary sheriffs can also have jurisdiction to hear these applications in Scotland.