Coroners and Justice Bill

[Derek Fawcus]

http://www.publications.parliament.uk/pa/cm200809/cmbills/009/09009.100-106.html#j22_005

This seems a bit risky,  unless I'm missing some limitations on its scope,
it appears to allow any legislation to be altered to any end,  and for the
creation of arbitrary offences.

Quite apart from what section proposes to do on its face (gut the Data Protection
Act),  what limits the scope of changes that this bill can cause?

  50B (1) An information-sharing order may—
        (h)   modify any enactment.


      (2) An information-sharing order may provide for the creation of offences
          triable either way which are punishable—
         (a)  [non summary? offences upto 2 years in prison]
         (b)  [summary offences upto 12 months in prison]

What prevents this bill from being used to bootstrap extra powers in to
itself (self modifying code?),  and hence allow arbitrary creation of
any form of offence?  i.e. what limits the changes in an Order to being
changes relating to 'information sharing'?

A:
 Make an order altering section 50B(2) of Data Protection act such that it
 becomes simply 'An information-sharing order may provide for the creation
 of offences.',  and 50(3) is deleted.

B:
 Wait for parliament to rubber stamp (which proceedure?)

D:
 Make an order creating any desired offence.

D:
 Wait for parliament to rubber stamp (which proceedure?)

DF