Data Protection Bill [HL] — House of Lords, 2017-12-13
Topic: Domestic Commerce
Thomas Ashton (Conservative, Centre-right): My Lords, I am not quaking in my boots when addressing an amendment from my noble friend, first, because he is a helpful man and, secondly, because I am getting quite used to it, to be quite honest, particularly after the Digital Economy Bill As we heard, my noble friend’s amendment would restrict the provision in the Bill that allows anti-doping bodies to process sensitive personal data without consent to just UK Anti-Doping. It would permit other bodies to process sensitive data only if allowed by the Secretary of State. This House agrees, I think, how important sport is and that it can only continue to be successful if it is, and is seen to be, clean. It should therefore come as no surprise when I say that the Government remain fully committed to combating doping and protecting the integrity of sport. We are at one with the noble Baroness, Lady Billingham, on that At the moment, a large number of organisations, both domestic and international, work to prevent and eliminate doping in sport in this country in accordance with agreed international standards. UKAD, as the UK’s national anti-doping organisation, plays a vital role. But we must recognise that other bodies, some of which have been mentioned, also have important roles to play, including in particular sports’ national governing bodies. The amendment would see UKAD as the only body with automatic responsibility for processing sensitive data for the purposes of preventing doping in the UK. Other bodies would have a role only if named by the Secretary of State I am not convinced that this is a positive change for a number of reasons. First, it is not immediately clear to me why such an amendment is needed. UKAD’s role, and that of other sporting bodies, is set out in the national anti-doping policy, and this arrangement is largely seen to be effective, not just here in the UK but internationally. But we can never be complacent, and that is why my honourable friend the Minister for Sport, Tracey Crouch, has already commissioned a review of UKAD. That review is looking closely at UKAD’s functions, efficiency and effectiveness and has consulted widely. The findings of this review will be published early next year and will inform the revision of the UK national anti-doping policy, which will also take account of the recently published review of the criminalisation of doping. As part of this policy revision process, the Government will consult all relevant stakeholders, and will no doubt welcome discussions with my noble friend Lord Moynihan In addition, the arrangement outlined in my noble friend’s amendment would appear to present a number of risks. As he mentioned, the World Anti-Doping Code and the UNESCO convention set a clear framework that allows major events organisers and international federations to conduct their own anti-doping activities. Their ability to test cannot, without risking a breach of the convention, be contingent on them having obtained prior authorisation by a national Government Sports bodies change regularly as new sports are recognised and new bodies gain funding and manage competitions. A new round of designations would be required every time a new sporting body came into being or organised competitions or an old body changed its name. Under the system proposed by my noble friend, even a short delay in doing so could allow a drugs cheat to escape sanction by challenging the validity of the data processing undertaken by a sports body weeks, months or even years prior. That is not least because the Secretary of State’s decision to designate a body would itself be subject to judicial review. This could turn a relatively straightforward process of designation into a lengthy process of review, consultation and litigation. Similarly, if international bodies wanted to hold competitions in this country, they would, on the face of it, need to be officially designated by the Secretary of State. In a competitive marketplace, this could discourage organisers of major events from bringing their events to the UK To summarise, the Government believe that my noble friend’s amendment will put the UK’s status as a leading destination for clean sport at risk. It will create uncertainty in the sporting world and will be out of step with the recognised international framework that is already in place. It is widely understood that UKAD is the recognised body in the UK with responsibility for enforcing anti-doping rules. But the Bill must not be used as a tool to limit interventions by internationally recognised sporting bodies, such as the England and Wales Cricket Board, the Football Association and the Rugby Football Union. They, like UKAD, should be allowed to set and enforce anti-doping rules in sports. The fact that these bodies are not governed entirely by UKAD’s rules does not make their need to process data without consent for anti-doping purposes any less important. We are clear on that, the World Anti-Doping Code is clear on that, and the bodies themselves are clear on that Indeed, I have a statement from four of our leading sports bodies: the Football Association, the Rugby Football Union, the England and Wales Cricket Board, and the British Horseracing Authority. They are not speaking with different voices. This is a joint quote, which they have authorised me to announce. They say: "We welcome further discussion with all parties on this issue but do not believe that this Amendment, that has not been discussed with or subject to any consultation with our organisations, is the right way to proceed today" In answer to the noble Viscount, Lord Falkland, who asked about the horseracing authority, I am afraid he should direct his question to my noble friend Lord Moynihan, because it is his amendment that would change the current system. Therefore, while I understand the desire of my noble friend to assist in the fight against doping, which we all support, I do not believe that the Bill is the proper vehicle to achieve it; nor do I believe that my noble friend’s amendment would in fact achieve it Let me be clear: if my noble friend or the noble Lord, Lord Stevenson, want to keep talking about anti-doping in general, I am very happy to do so, as is my honourable friend the Minister for Sport; I have already said that. But the Government have spent a great deal of time working with UKAD and sports bodies to design paragraph 23 of Schedule 1, and I have heard nothing in the debates in Committee and today that would suggest that we should alter our view before the review of UKAD is complete. On that basis, I urge my noble friend to withdraw his amendment.