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1-20 of 27 results for subject:"Information Commissioner's Office"

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Lord Davies of Oldham
Session X
2007-08

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Davies of Oldham, Lord (27)
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moved Amendment No. 42: 42: Clause 10, page 6, line 34, at end insert— ““( ) For the purposes of subsection (1) an account is to be treated as remaining open where it is closed otherwise than on the instructions of the holder of the account.”” The noble Lord said:...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c349GC
House
House of Lords

I am not sure that I can respond to the noble Baroness’ interesting but challenging question directly, but let me adumbrate the principle again. First, as I said to the noble Lord, Lord Shutt, we are seeking to make sure that there are no undue obstructions on resources being made...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c350GC
House
House of Lords

I never thought I would see the day when the noble Baroness was eager to see the Treasury have additional powers, certainly not while I was standing at this Dispatch Box, but she is, and I can emphasise to her on principle that I disagree. This is a private scheme...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c353GC
House
House of Lords

That is an interesting point. It is so interesting that I am lost in interest rather than able to provide an immediate reply. As I said, I have had it confirmed that if a transaction occurs in relation to the account, it must be because of an instruction given by...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c342GC
House
House of Lords

As the noble Baroness said, she promised to return to this and I knew that she would fulfil her promise. I hope that I am better equipped today to respond to the points that she made. Perhaps a little refreshment on the issues after the new year is appropriate. This...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c332-3GC
House
House of Lords

I would not want to be accused of excessive naivety about how financial institutions work. We should recall the purpose of the transfer of funds. If the bank reaches a judgment, the account is dormant; the bank is not the beneficiary—the funds go to the reclaim fund. I am not...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c340GC
House
House of Lords

Clause 10 sets out the minimum conditions that an account must meet to be regarded as dormant. No-mail accounts and fixed-term accounts which have not reached their maturity date are excluded from the definition. That is because the aim is to cover accounts that are genuinely dormant. It is difficult...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c337-8GC
House
House of Lords

The noble Baroness is fertile in producing some interesting illustrations of how dormancy may not be defined in the Bill. This is another interesting illustration, which I will probably need to reflect on, as will my officials. However, she will recognise that banks are not totally unfamiliar with the complexities...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c343GC
House
House of Lords

The definitions of dormancy are limited because they mean that a customer sees those resources going into the reclaim fund. They are minimalist definitions. The bank can follow its normal procedures for reaching a judgment on whether an account is dormant in the circumstances that the noble Baroness identified. She...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c344GC
House
House of Lords

The answer to the noble Lord is definitively yes. Instructions would have been given and the bank would therefore operate under them. Those instructions would obtain, until, for some reason which would have to be justifiable in terms of law, the bank was able to show that the claimant no...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c341-2GC
House
House of Lords

I imagine that all noble Lords share that sentiment.

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c340GC
House
House of Lords

The noble Baroness fairly described the powers of the Information Commissioner and I do not need to repeat those nor enter into a debate on them. The amendment would go further than the Data Protection Act 1998 to allow the Information Commissioner to exercise powers in relation to any information...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c359GC
House
House of Lords

We have already cantered around this course several times and each of the jumps is becoming increasingly familiar. With this amendment, the noble Baroness again wants a fully inclusive definition of ““dormancy”” to be put in statute, imposing on the banks all the circumstances in which they will be obliged...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c348GC
House
House of Lords

Not at all. We will follow the principle of additionality. It is very important that we should, which is why we propose to set up the machinery in this way to guarantee that. Those are the principles under which the Big Lottery Fund has been obliged to operate since its...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c372-4GC
House
House of Lords

I am grateful to all noble Lords who have participated in this interesting debate. We have certainly changed gear; it always adds a certain liveliness to proceedings when we discuss spending. We shall discuss these issues for a little while yet. An amendment has been tabled with the dreaded concept...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c371-2GC
House
House of Lords

This may be a convenient time for the Committee to adjourn until Tuesday at 3.30 pm.

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c386GC
House
House of Lords

I am grateful to the noble Lord because he recognises what we are seeking to achieve with this technical amendment. That is exactly what we are seeking to do—there should not, in fact, be an obstruction to the account being defined as dormant, because of the technical nature of the...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c350GC
House
House of Lords

I remember at Second Reading the noble Lord saying that a relative of his had left him 15 shillings, or 60p. If the noble Lord talks about historical records in those terms, I will have difficulty in responding to him. He will recognise that what is being transferred into this...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c352GC
House
House of Lords

The noble Lord, Lord Newby, argued his case forcefully. The noble Baroness, Lady Noakes, kindly argued my case by representing the two positions in respect of 10 years and 15 years. She was right that the Select Committee was presented with figures by the British Bankers’ Association which showed that...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c355GC
House
House of Lords

Banks and building societies are normally under a duty not to disclose information about their customers’ affairs to third parties without the customers’ consent. That is an important obligation subject to only very limited exceptions. The proposed agency arrangements, under which claims for repayment against the reclaim fund will be...

Member
Lord Davies of Oldham (Labour)
Type
Proceeding contributions
Date
10 January 2008
Reference
697 c357GC
House
House of Lords