V

Viscount Camrose (Con)

Speaking in the House of Lords on 3 December 2024

Debate

Data (Use and Access) Bill [HL]

Contribution

My Lords, Amendments 3, 4 and 20 seek to probe the Government’s position on the roles of the Secretary of State and the Treasury. Amendment 6 seeks to probe whether the Treasury or the Secretary of State shall have precedence when making regulations under this Bill. Clarity over decision-making powers is critical to good governance, in particular over who has final decision rights and in what circumstances. Throughout Part 1 of the Bill, the Secretary of State and the Treasury are both given regulation-making powers, often on the same matter. Our concern is that having two separate Ministers and two departments responsible for making the same regulations is likely to cause problems. What happens if and when the departments have a difference of opinion on what these regulations should contain or achieve? Who is the senior partner in the relationship? When it comes to putting statute on paper, who has the final say, the Secretary of State or the Treasury? All the amendments are probing and, at this point, simply seek greater clarification from the Government. If the Minister can explain why two departments are jointly responsible for the same regulations, why this is necessary and a good idea, and what provisions will be in place to avoid legislative confusion, I will be happy not to press the amendments.

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