Select committee: Constitution Committee
3rd Report - Data (Use and Access) Bill [HL]
Published 15 November 2024
Constitution Committee Data (Use and Access) Bill [HL] Report on parliament.uk ↗
At a glanceGovernment response published 17 January 2025
The government's response
Summary written by Accountability Index from the government's response. It is not the government's own words.
The government responds to the Committee's constitutional concerns by explaining its approach to each clause, generally maintaining that the delegated powers and the lack of Parliamentary laying are appropriate.
- On the digital verification services trust framework (clause 28), the government "remains of the view that it does not require parliamentary scrutiny", because its primary role is in conformity assessment, which sits outside the Bill.
- On the powers in clauses 70 and 71, the government says the Secretary of State must consult the Information Commissioner and that regulations must go through the affirmative resolution procedure.
- On the Henry VIII power in clause 133, the government says the power is "relatively narrow in scope", is limited to amendments that are "genuinely consequential", and that amendments to primary legislation will be subject to the affirmative procedure.
- On Schedule 15, the government does not consider laying each information standard before Parliament "appropriate or proportionate". The Department of Health and Social Care "intends to lay the draft Regulations in Spring 2025" for parliamentary scrutiny.
What the committee recommended
No recommendations or conclusions have been extracted from this report. This is normal for correspondence and for special reports.
Sources
- 3rd Report - Data (Use and Access) Bill [HL] ↗The committee's report, parliament.uk
- Letter from Lord Vallance of Balham, Minister of State to Baroness Drake, Chair of the Constitution Committee in response to the Report on the Data (Use and Access) Bill (14 January 2025) ↗The government's response, 17 January 2025, parliament.uk