HL Deb 27 April 1978 vol 390 cc1973-6

3.17 p.m.

Lord ORR-EWING

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government when they propose to introduce legislation arising from the recommendations on privacy made by the Younger Committee in its 1972 report.

The MINISTER of STATE, HOME OFFICE (Lord Harris of Greenwich)

My Lords, the Committee's recommendations on credit rating agencies, so far as accepted by Parliament, were implemented in the Consumer Credit Act 1974. Certain other matters dealt with in the report were remitted for more detailed and expert study by other bodies. The Data Protection Committee was set up in 1976 to prepare the way for legislation establishing a permanent authority to oversee the use of computers that handle personal information. The law relating to breach of confidence is, as the Younger Committee suggested, being reviewed by both the Law Commission and the Scottish Law Commission. When these bodies have reported, the Government will give further consideration to the content and timing of legislation.

Lord ORR-EWING

My Lords, is the noble Lord aware that the Younger Committee was originally set up when Mr. Callaghan was Home Secretary in 1970? In 1972 the Committee reported; the report was welcomed by the Conservative Government of the day. Some of the points were actions, as he has said, on consumer credit, but there are still many recommendations which could be implemented without legislation. Could the noble Lord not look at this because today the matter of individual privacy is of supreme importance and it is no good setting up committee after committee to look at different facets while taking no action on the original report.

Lord HARRIS of GREENWICH

No, my Lords, I would not altogether agree with that. I certainly agree with the noble Lord that it is a matter of great importance, but the Data Protection Committee will he publishing its report within a few months; the Law Commission for England and Wales will be publishing their report later this year, and the Scottish Law Commission theirs soon thereafter. I think that is reasonable progress.

Lord ORR-EWING

My Lords, is it not true that the failure of the Press to agree on a code of conduct which will protect individuals from harassment is disappointing and it is equally disappointing that the Secretary of State has not felt able to make his own recommendation on this issue? This Committee reported six years ago. How long are we to wait while Governments bring other legislation forward but find no time for the protection of the individual's privacy, which today is of supreme importance to everyone in our land?

Lord HARRIS of GREENWICH

My Lords, the noble Lord is now referring to a non-Government aspect of the problem; namely, the Press. This particular matter was gone into by the Royal Commission on the Press, as the noble Lord may know, and as a result of the recommendations of the Royal Commission a number of decisions have been made by the Press Council.

Baroness EMMET of AMBERLEY

My Lords, could we have an assurance from the Minister that, as more committees are studying this question and are due to report shortly, once they have reported shortly, we shall also shortly have some action?

Lord HARRIS of GREENWICH

Certainly my Lords. insofar as legislation is necessary we will act as speedily as possible.

Lord BYERS

My Lords, would not the noble Lord agree that those of us who took part in the work of the Younger Committee for two years must be very disappointed at the very slow progress which has been made since 1972?

Lord HARRIS of GREENWICH

My Lords, what I have said is that the report of the Data Protection Committee will be available quite soon, and so will the report of the Law Commission for England. I think fairly soon, therefore, the House will be in a position to take a view on the amount of progress made.

Baroness GAITSKELL

My Lords, is not one of the problems that this business of privacy is a very difficult matter and it entails legislation, and that is one of the reasons why nothing has been done about it until now?

Lord HARRIS of GREENWICH

My Lords, some action has in fact been taken. I have referred in particular to the Consumer Credit Act 1974, which made an advance so far as some aspects of the Younger Committee's recommendations were concerned. But my noble friend is quite right; this is an extremely difficult area, and it is, I think, reasonable that matters of this degree of complexity should be reviewed by the Law Commission and by the Data Protection Committee.