COMMONS AMENDMENTS (Hansard, 29 June 1984)

§ Lord Elton

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 36 and 37. These amendments are designed to allay a concern expressed both in this House and in the other place about the possibility that Clause 33(2) might be used to exempt from the subject access provisions virtually all Government data on the grounds that their disclosure was prohibited by the Official Secrets Act. There was never any intention that the power in Clause 33 should be used in this way. In our view, to do so would probably have been ultra vires. Nevertheless, since there was clear concern about the matter, we thought it right to put the whole issue beyond doubt by amending subsection (2) to make clear that the Secretary of State may make an order only if disclosure of the data is already prohibited or restricted by law and if the Secretary of State believes that the prohibition or restriction should be maintained in the interests of the data subject or any other individual. This merely restates perhaps more clearly what has always been the Government's intention, but it gives me pleasure to be able to deliver this amendment to your Lordships because I recall the exceeding difficulty that I had in convincing your Lordships that the Government not only meant what they said but would do what they meant. I feel confident therefore that your Lordships will be glad to receive this amendment.