(LD):...Amendment 127A would add Police
and Crime Commissioners as competent authorities.
They have no operational powers, but they have responsibility for
crime prevention. They might want to undertake research into the
effectiveness of various measures, including individual cases of
offending and disposal—is this covered elsewhere?
(Lab
Co-op):...I support the amendment that would
add Police and Crime Commissioners to
the schedule, and the other amendments in the group which would
widen the definitions, as that would be very useful. I look
forward to the noble Baroness’s response to the points that have
been raised...
(Con):...Schedule 7 is not, and is not intended to
be, a wholly exhaustive list, and other organisations with
incidental law enforcement functions will come within the scope
of the definition of a competent authority by virtue of Clause
28(1)(b). Police and Crime Commissioners, to which
Amendment 127A relates, may be a case in point, but if they
process personal data for a law enforcement purpose, they will do
so as a competent authority by virtue of Clause 28(1)(b). The
government amendments in this group should be viewed against that
backdrop...
:..My Lords,
to take that last point about certain areas of profiling first,
obviously I did not make myself clear, as I want the opposite of
what the Minister read me as wanting. I want to be clear that I
do not want to leave areas for doubt, so I sought to restrict
rather than to extend.
On Police and Crime Commissioners, I am a little baffled as to
why, if so many other organisations which have some functions
that are about law enforcement are included, Police and Crime
Commissioners should be left to rely on Clause 28(1)(b) rather
than being included specifically.
Finally, yes, we are enthusiasts for incorporating the directive.
We want to be clear that the incorporation works. Should I talk
for another moment or two in case a message is coming? There was
a thumbs up to that suggestion. We are great enthusiasts for
certain things that the EU is proposing—I am being a little
flippant and this will read terribly badly in Hansard. As I said
at the start, all this is so that we may be assured—and this is
the stage at which to do it—that what is being incorporated works
in the way that reading the words as a sort of narrative
suggests.
:...Some
in-flight refuelling has arrived. The noble Baroness made a valid
point about why we had added certain organisations to Schedule 7
but not the Police and Crime Commissioners. We will reflect on
that between now and Report.
:I am grateful
for that. I beg leave to withdraw the amendment.
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