Lord Hanson of Flint (Lab)

The noble Lord is asking for the deletion of historic records. That is the important point I am trying to make. If the chief officer determines that that non-conviction information should be disclosed—I go back to the 4,920 disclosures out of 4.1 million, including all matters for an enhanced DBS check—then it is important that we do not fetter the chief officer’s hands and apply a prohibition to disclose information which may be relevant to individuals. That may be a difference between us and, as the noble Lord, Lord David of Gower, said, we may well test that in a Division when the time comes. The noble Baroness, Lady Brinton, made the absolutely right point that we need to ensure that we do not repeal Sections 60 and 61 until a replacement framework is in place. We will try to do that. As I said at the start of the debate and in the comments I have just made, it is essential that police and others continue to have the ability to monitor hate and hostility to prevent crime and safeguard the vulnerable. That is also the assurance I give to my noble friend Lady Lawrence. In summary, the Government’s amendment is designed to repeal the statutory guidance, restore focus and reduce administrative burdens. We have made those changes because of the type of incidents noble Lords referred to. Amendment 387B would risk creating precisely the opposite effect and, for those reasons, the Government cannot support it. I invite the noble Lord not to move his amendment when the time comes, but, in the meantime—tonight—I commend Amendment 383 because, having considered and reviewed the matter, it is the right thing to do. In establishing the new regime, we will make sure that we keep the essence of the important matters from the former regime.