Coroners and Justice Bill

[Nicholas Bohm]

Derek Fawcus wrote:
> 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?)

50B would be read as limited by the purposes of 50A (information
sharing), and the process you describe would be held to be ultra vires.

These provisions are profoundly objectionable for very good reasons; it
would be a pity to raise objections based on unsound reasons which would
be easily dismissed and undermine the justifiable objections.

Nicholas
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