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)

This is the government's response, published 17 January 2025.

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.

Read the government's response ↗ Report an error