§ 352A Clause 86, line 11, leave out ("a particular person") and insert ("any identifiable individual")
§ Baroness HamweeMy Lords, I beg to move Amendment No. 352A and speak also to Amendment 92 No. 352B. In agreeing Amendment No. 351 your Lordships have added a new clause which allows information relating to the payment of certain benefits to be exchanged between various authorities. A further new clause creates an offence relating to the unauthorised disclosure of such information in a form that identifies "any particular person". The word "person" includes both an individual and legal entity such as a company, so the offence would not be limited to disclosures about identifiable benefit claimants or recipients, where the case for disclosure in the interests of privacy is clear. The offence could also be committed by revealing information about hotels, hostels and housing association accommodation communicated under the new clause added by Amendment No. 351.
It would be an offence to identify a hotel at which a housing benefit recipient lives if the information was obtained under that new clause but not if provided to the authority directly by the hostel. My amendments would restrict the offence to disclosures about identifiable individuals without criminalising disclosures that merely refer to organisations.
Moved, That Amendment No. 352A, as an amendment to Commons Amendment No. 352, be agreed to.—(Baroness Hamwee.)
§ Lord WhittyMy Lords, I understand the noble Baroness's concern, but her amendment would render the situation worse for individuals as well as excluding organisations and providers.
The term "particular person" is used elsewhere, such as in the Section 123 of the Social Security Administration Act 1992, which makes it an offence to disclose any information about any particular person obtained in connection with a claim to benefit. Hence the structure of confidentiality is based on the use of that phrase. Changing the wording to "identifiable individual" would allow the identity of providers of grant in respect of tenants on housing benefit to be disclosed. In the case of small housing associations, as the identity and premises would be disclosable it would be an easy read across to identify particular individuals in receipt of benefit.
Benefits staff have a general duty of confidentiality in respect of any information acquired in the course of their employment. If they are to share that information with other departments in the local authority during the transition and after and disclose information to the grant-making team, it is only right that the duty of confidentiality and the offence that applies to them should be extended in the same terms to the other departments. I emphasise that the offence as drafted applies only to social security information disclosed under Amendment No. 351. General information about providers will not be affected and will be shared publicly. If the offence were amended, it could make the sharing of information difficult—which, I am sure, is not the aim. Therefore, I ask the noble Baroness not to press the amendment.
§ Baroness HamweeMy Lords, I am grateful for that explanation, which confirms that we have some way to 93 go with making legislation more cohesive and comprehensible. I beg leave to withdraw the amendment.
Amendment No. 352A, as an amendment to Commons Amendment No. 352, by leave, withdrawn.
[Amendment No. 352B, as an amendment to Commons Amendment No. 352, not moved.]
On Question, Commons Amendment No. 352 agreed to.