Draft Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026
(Limited Text - Ministerial Extracts only)
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The Minister for Digital Government and Data (Ian Murray)
I beg to move,
That the Committee has considered the draft Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026.
It is lovely to see you in the Chair, Ms Lewell, as it always is. We have a rowdy bunch of Members on the Committee—I hope does not mean that we will be here too long.
I am pleased to speak to these regulations, which were laid before the House in draft on 2 February this year. They are fairly straightforward: they make consequential amendments to references to the Information Commissioner and the Information Commissioner’s Office across the statute book, reflecting the reforms to the regulator’s governance structure that were introduced by the Data (Use and Access) Act 2025. The Act abolishes the Information Commissioner, which is a corporation sole, and transfers its functions to a new body corporate, the Information Commission, led by a chair, chief executive and other executive and non-executive members with collective decision-making responsibilities. That will increase diversity and resilience at the top of the organisation, so that the Information Commission can function effectively with independence and integrity. It will also bring the Information Commission in line with how other regulators, such as Ofcom, are governed.
The regulations prepare the statute book for the transfer of regulatory functions from the ICO to the new Information Commission later this year, and, as such, they ensure legal clarity and certainty by amending references to the Information Commissioner and their office in primary and secondary legislation to refer instead to the new Information Commission or, where appropriate, a specified member of the commission, such as the chair, in instances where it is necessary to allocate a specific statutory duty to a neutral person, such as supplying information on oath.
The consequential amendments will ensure that the statute book is coherent, consistent and provides full legal clarity to support the transition from the ICO to the Information Commission. The regulations also amend the title of the regulator across relevant Scottish, Welsh and Northern Irish legislation. My officials consulted devolved Government officials on these changes last summer, and they were content with the approach taken in the regulations and the specific amendments to Acts and instruments of the devolved legislatures. I have also written to the relevant devolved Ministers to inform them of the nature and scope of the changes.
Regulation 3 contains a transitional provision that provides for the Information Commissioner to retain their existing pension arrangements for the duration of their tenure as the first chair of the Information Commission, a role the Information Commissioner has assumed on the commencement of schedule 14 of the Data (Use and Access) Act on 20 August 2025, pursuant to sub-paragraph 2(2) of that schedule. I am sure everyone is keeping up.
The regulations also contain three minor and technical amendments to the Data Protection Act 2018 in consequence of section 67 and 91 of the Data (Use and Access) Act. Those changes are to signpost references correctly and reflect numbering changes. They do not have any substantive legal effect at all. The consequential amendments, alongside the transitional provision and other minor and technical amendments contained in the regulations, will facilitate the smooth governance transition from the Information Commissioner’s Office to the new Information Commission.
Ian Murray
Let me answer the questions from the shadow Minister. Do we agree with the Conservative party on how they tabled the new clause? No, we do not. The consultation into the Online Safety Act 2023 and the protection of children online was launched this week. The sheer volume of responses that we have had so far justifies the fact that we should have that national conversation. It is not straightforward. First, the Government have to get that right, and, secondly, we have to take into account a whole host of views, including from charities that are very much against those kinds of issues. We have to listen to young people, too, and that is a very clear component of the consultation. The regulations are not directly related to that, but I am happy to answer those questions. I hope that the Opposition will engage with that consultation in good faith and suggest what they think should happen. They already support the ban and should therefore propose it.
Dr Spencer
Apologies if I get this wrong, and I admit that I went through it quite quickly, but when I looked at the consultation data entry on the web earlier this week, I could not see a point where an entry could be linked to an individual person. Will the Minister’s Department double-check data security for the consultation? I am sure he agrees that we would not want the consultation to be hijacked by any group of a particular bent feeding in inappropriate responses or trying to drown out a particular type of view as the consultation goes forward.
Ian Murray
Let me take that away, but the answer should be yes. When a lobbying perspective has tried to influence consultations, from Governments of any colour, that has been taken into account when assessing the consultation. Let me take that away and give the hon. Member an exact answer. Even if the consultation receives a bulk of information, that is taken into account when the analysis is done.
The statutory instrument is very straightforward. It merely changes all references to the old Information Commissioner’s Office into the Information Commission to make sure that the legislation from this place and across our devolved Governments and Administrations is compliant.
Lincoln Jopp (Spelthorne) (Con)
I know that I am risking the wrath of the rest of the Committee, but, as I understand the Minister’s explanation, moving the functions from a corporation sole to a body corporate slightly dilutes the personal role of the Information Commissioner inasmuch as it spreads responsibility to a board. The last time I checked, the Information Commissioner was being paid about £200,000—that was in 2021. Will the changes put more or less responsibility on the current Information Commissioner? Will they be paid more or less?
Ian Murray
The current Information Commissioner, who becomes the head of the Information Commission, is contracted until January 2027, and the terms will not change for that contract. Through the process of public appointments, the Department will be going through the process of finding a new post-current commissioner. That will all be taken into account as part of that process. Does that answer the hon. Gentleman’s question?
Lincoln Jopp
Does the Minister think that that will expand or detract from the commissioner’s personal responsibilities and accountabilities?
Ian Murray
I do not think that it will expand or detract from them. The role of head of the Information Commission is exactly the same as the role of Information Commissioner. Obviously, before the role was held by an individual with the Information Commission below them. The regulations are formalising that under the 2025 Act. I am happy to write to the hon. Gentleman on the terms and conditions of the Information Commissioner.
Although we have strayed into other aspects of the subject, these are very straightforward regulations. I am glad that we have had that kind of scrutiny, and I commend the regulations to the Committee.
Question put and agreed to.