Third Standing Committee on Delegated Legislation
Monday 26 July 1999
[Mr. Humfrey Malins in the Chair]
Salary of the Data Protection Registrar for the period 1 April 1999 to 31 March 2000
4.30 pm
The Parliamentary Under-Secretary of State for the Home Department (Mr. George Howarth): I beg to move,
That the Committee has considered the motion in the name of Mr. Secretary Straw relating to the salary of the Data Protection Registrar for the period 1 April 1999 to 31 March 2000.
Since April 1996, the registrar's salary has been uprated annually in line with the average percentage increase of the mid-points of the nine senior civil service pay bands. That was the model used to set the pay of various other statutory office holders and of Members of Parliament.
In line with the recommendations of the Senior Salaries Review Body 1999 report, the registrar is due a salary increase of 2.8 per cent. with effect from 1 April 1999. The motion tabled by my right hon. Friend the Home Secretary will give effect to that increase. I commend it to the Committee.
4.31 pm
Mr. John Greenway (Ryedale): Mr. Malins, what a pleasure it is on the penultimate day of term to find ourselves renewing your acquaintance as Chairman to discuss an issue that is arguably one of the more obscure but vital elements of the work of the Home Office—the functions of the Data Protection Registrar.
In 1983-84, when Parliament passed the Data Protection Act 1984, it had the good sense to require an affirmative resolution to approve the salary of the Data Protection Registrar—not that that would in any way have pre-empted the thought that the registrar might not be worth the increase in salary, rather that it would allow us the opportunity to consider annually matters affecting the holder of the post.
It is not so long since we passed the Data Protection Act 1998. I welcome the fact that the other day the Minister cleared up the outstanding concern about the eventual date of implementation of all the measures in the 1998 Act. Those implement the provisions of the European directive on data protection, which will greatly affect all our constituencies and the many businesses based in them.
I do not wish in any way to tempt your wrath, Mr. Malins, by straying beyond the narrow ambit of the order. But I am sure that the Minister expects me to ask that the Committee at the very least consider the Data Protection Registrar's salary in the context of both the registrar's overall resource base and some of the comments that she made about those resources in her annual report.
The reason that I tease the Minister a little about the date for implementing the 1998 Act is that in the coming year—I believe that the implementation date is 1 March 2000; I am sure that the hon. Gentleman is grateful that it is not 1 January 2000, when quite enough is likely to go wrong as it is—the registrar will have the immense task of implementing the 1998 Act. On page 3 of the annual report, the registrar reminds Parliament of the importance of funding the work that is needed to effect the changes. The Committee should be concerned that she comments:
``Although I have sought reassurance that the funding uncertainties which hindered planning for this year will not recur, a move to a three year financial settlement, such as main departments now enjoy, would greatly assist our business planning for the transition.''
She goes on to say that she needs to see,
``clear and timely decisions taken about the resources to be made available'',
including
``early recognition that some capital investment, particularly in IT, will be called for.''
It is reasonable for us to ask the Minister whether the registrar has been given those reassurances.
When we consider resources and the Data Protection Registrar's salary of some £64,000 which will be uprated in line with the recommendation, we realise that the resources available to the registrar are £11.6 million—of which £4.195 million is a Home Office grant—and operating receipts of £7.4 million. However, the £7.3 million in registration fees received from those who have to register with the registrar, or make inquiries and pay a fee, is remitted to the Home Office.
My reading of the figures is that it costs less to run the Office of the Data Protection Commissioner than the registrar receives in fees from those who use the service. I do not criticise that. Indeed, I wish that more Departments were self-financing, especially Departments that deal with similar matters. However, given the changes that the new legislation will introduce and the importance of ensuring that they operate more smoothly than some recent changes in one or two other Home Office departments, it is not unreasonable to ask that, if money comes in from those who use the service, the money that the Data Protection Registrar requires to run the services properly should be made available. I seek reassurance about that. Perhaps the Minister will write to members of the Committee to clarify some issues.
Those of us who served on the Committee that considered the Data Protection Bill know the high regard in which Elizabeth France, the registrar, whose appointment will be reconfirmed for a further five years, is held by organisations that have to use the service. She will embrace wider responsibilities when she becomes the commissioner for information under legislation that we shall pass. No one who works with her will begrudge her the increase that we are asked to approve.
4.39 pm
Mr. Paul Keetch (Hereford): On behalf of the Liberal Democrats, I welcome you to the Chair, Mr. Malins. We recognise the enormous work that the current incumbent of the position of Data Protection Registrar has undertaken. We support the increase.
4.39 pm
Mr. Howarth: I shall not detain the Committee further, but I want to acknowledge a couple of points made by the hon. Member for Ryedale (Mr. Greenway). Of course, we share the high regard for Mrs. Elizabeth France expressed by Committee members and, as the hon. Gentleman rightly said, that is why we recently agreed to extend her contract. I also confirm the hon. Gentleman's suggestion that the 1998 Act will be implemented on 1 March 2000.
Salary arrangements and other funding for the registrar's office following the implementation of the 1998 Act have yet to be finalised. The hon. Member for Ryedale will accept that we take seriously representations about running costs, whether relating to revenue, expenditure or capital expenditure. Of course, we shall address with the registrar any concerns that may be raised. Within that, we shall certainly take into account the burdens placed on the registrar's office by new responsibilities in the 1998 Act.
Mr. Malins, you have been generous in allowing the hon. Member for Ryedale and me to stray a little from the narrow terms of the order. I have come to expect that you will be firm when necessary, but generous on other occasions. You have not disappointed me today.
The Chairman: The Under-Secretary flatters me.
Question put and agreed to.
Resolved,
That the Committee has considered the motion in the name of Mr. Secretary Straw relating to the salary of the Data Protection Registrar for the period 1 April 1999 to 31 March 2000.
Committee rose at nineteen minutes to Five o'clock.
The following Members attended the Committee:
Malins, Mr. Humfrey (Chairman)
Benn, Mr. Hilary
Buck, Ms
Darvill, Mr.
Greenway, Mr.
Hall, Mr. Mike
Horam, Mr.
Howarth, Mr. George
Keetch, Mr.
Naysmith, Dr.
St. Aubyn, Mr.
Simpson, Mr. Keith
Stuart, Ms
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