Official Report: Minutes of Evidence

The Chairperson (Ms Maeve McLaughlin): I remind members that we completed our informal clause-by-clause deliberations on the Bill on 4 November. I refer members to the Committee Clerk's paper in their meeting pack, which sets out the final position on the deliberations. Hard copies of the proposed amendments in annex B and C of that paper have been placed on the table for your convenience. Departmental correspondence on proposed amendments can be found in members' packs.

So that we are clear, I remind members that this is the formal clause-by-clause consideration of the Bill. It is therefore a vital and essential part of our duties, and it is obviously needed for the preparation of the Committee report. It is the final opportunity for the Committee to propose amendments to the Bill. At this juncture, I invite members, if they wish to do so, to propose any amendments at today's meeting that have not already been circulated to the Committee.

I take that silence as a no.

I advise members that I will formally put the Question on each clause. The Committee will be required to vote that we are content with the proposed amendments and content with the clause as drafted; that we are content with the clause as drafted, subject to departmental and/or Committee amendments; or that we are not content and wish to oppose the clause. I will proceed through the clauses and put the Questions formally. I inform members that, where there are amendments, I will put the Question on the amendment first so that people are clear. I ask members to keep their copy of the Bill and of the amendments in front of them for reference as we go through the clauses.

The Chairperson (Ms Maeve McLaughlin): As members will remember, we asked that a written ministerial assurance be forthcoming on clause 1(15), stating that regulations under the legislation would not make provision for authorising the selling of information processed. That assurance has been received and can be found in your meeting pack.

I inform members that both the Department and the Committee have proposed amendments to clause 1. In clause 1(1), the Department is proposing an amendment that would impose a mandatory duty on the Department to make regulations. It would replace the words "medical or social care purposes" with "health or social care purposes" and allow for the sharing of information in the public interest only if it is connected to a health and social care purpose.

In clause 1(3), the Department is proposing an amendment that would provide that information will be processed only if authorisation is granted by the Committee. In clause 1(11), the Department is proposing an amendment that would remove the terms "social well-being" and "any other similar circumstances". In clause 1(14), the Department is proposing an amendment that would remove the word "services". Is the Committee content with the proposed amendments?

The Chairperson (Ms Maeve McLaughlin): In clause 1(2), the Committee is proposing an amendment that would place an opt-out provision in the Bill. Is the Committee content with the proposed amendment?

The Chairperson (Ms Maeve McLaughlin): The Department is proposing an amendment to 2(1) that would provide that it must, by regulations, establish a committee, thus making the establishment mandatory. The Committee indicated that it was generally content with the clause and the proposed amendment. Is the Committee content with the proposed departmental amendment?

The Chairperson (Ms Maeve McLaughlin): The Committee indicated that it was generally content with the clause and the proposed amendments. The Department is proposing amendments to clause 3(4) and (5), which would replace "have regard" with "have due regard". Is the Committee content with the proposed amendments?

The Chairperson (Ms Maeve McLaughlin): The Committee is proposing an amendment to insert after clause 3(5) a provision that a code of practice may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant. Is the Committee content with the proposed amendment?

The Chairperson (Ms Maeve McLaughlin): No amendments have been proposed to clause 4. I remind members that the Committee indicated that it was generally content with the clause.

The Chairperson (Ms Maeve McLaughlin): No amendments have been proposed to clause 4. Again, we indicated that we were generally content with the clause.

The Chairperson (Ms Maeve McLaughlin): Again, no amendments have been proposed to clause 4, and we indicated that we were generally content with the clause.

The Chairperson (Ms Maeve McLaughlin): No amendments have been proposed to the long title.

The Chairperson (Ms Maeve McLaughlin): The Committee will consider and agree its report on the Committee Stage of the Bill at next week's meeting.