HL Deb 22 July 1991 vol 531 cc578-9

103 After Clause 47, insert the following new clause:

Application to Crown

'.—(1) The power of the Secretary of State to make regulations under section 13 requiring prescribed persons to furnish information may be exercised so as to require information to be furnished by persons employed in the service of the Crown or otherwise in the discharge of Crown functions.

(2) In such circumstances, and subject to such conditions, as may be prescribed, an inspector appointed under section 14 may enter any Crown premises for the purpose of exercising any powers conferred on him by that section.

(3) Where such an inspector duly enters any Crown premises for those purposes, section 14 shall apply in relation to persons employed in the service of the Crown or otherwise in the discharge of Crown functions as it applies in relation to other persons.

(4) Where a liable person is in the employment of the Crown, a deduction from earnings order may be made under section 29 in relation to that person; but in such a case subsection (8) of section 30 shall apply only in relation to the failure of that person to comply with any requirement imposed on him by regulations made under section 30.'.

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 103. This is an amendment to provide for Crown servants, when giving information required for the purposes of the Bill, to be subject to the provisions in the Bill. It also enables inspectors to gain access to Crown property and to interview Crown servants subject to the conditions specified in the regulations. I commend the amendment to your Lordships.

Moved, That the House do agree with the Commons in their Amendment No. 103.—(The Lord Chancellor.)

Earl Russell

My Lords, I have no objection to the amendment. I wish to raise one small point about clarification. I listened with interest to the debate on the subject in another place. It may be that we shall now have an answer to a question that I asked when the Bill was in Committee. What happens when the requirements of this Bill clash with the requirements of official secrecy? I can imagine that such a clash will happen on occasions. I shall be glad of some idea of what will happen then.

The Lord Chancellor

My Lords, I cannot envisage such a clash happening. However, if it did happen I believe that the theoretical answer is that the later Act will take precedence. In so far as it covered a situation, it would require to be given effect notwithstanding an earlier statute. As I have said, I cannot envisage a clash of the type that the noble Earl has in mind.

On Question, Motion agreed to.