Overview

The Trade (Disclosure of Information) Bill aims to allow government bodies to share information relating to trade more easily, facilitating analysis and policymaking. It outlines the conditions under which such disclosures can be made and sets penalties for unauthorized disclosures. The bill's provisions are intended to expire if similar measures are included in a separate Trade Bill.

Description

This bill permits the disclosure of trade-related information by HMRC and other specified public authorities to aid government functions concerning trade analysis and policy.

Information Disclosure by HMRC:

HMRC (and those acting on their behalf) can disclose information to facilitate ministerial and devolved authority trade functions, or those of international organizations. This includes analysis of trade flows, the impact of trade measures, and the design and implementation of such measures. Recipients cannot use this information for unauthorized purposes or further disclose it without HMRC's consent. Unauthorized disclosure is an offense under the Commissioners for Revenue and Customs Act 2005.

Information Disclosure by Other Authorities:

Specific public authorities (including government Secretaries of State, strategic highways companies, and port health authorities) may disclose information to facilitate ministerial trade functions under the same conditions as HMRC. Further disclosure is permitted only with consent from the originating authority. The bill explicitly states that such disclosures do not breach existing obligations of confidence or other restrictions, except in cases of contravention of data protection legislation or investigatory powers legislation.

Offences:

Unauthorized disclosure of information under section 2 is a criminal offense, punishable by imprisonment and/or fines. Defenses include reasonably believing the disclosure was lawful or that the information was already publicly available. Prosecution requires consent from the relevant Director of Public Prosecutions.

Bill Expiry:

The bill's provisions will expire if a subsequent Trade Bill includes similar provisions, as determined by the Secretary of State.

Interpretations:

The bill defines key terms like "data protection legislation" and "investigatory powers legislation" according to existing acts.

Government Spending

The bill does not directly specify any new government spending. Its impact on spending is likely indirect, potentially reducing costs associated with data collection and analysis through increased information sharing, though no figures are provided.

Groups Affected

Groups potentially affected include:

• HMRC: Increased responsibility for data disclosure and oversight.
• Other public authorities: New responsibilities for information sharing and adherence to the bill's regulations.
• Businesses: Potential impact depending on the nature and extent of information disclosed.
• Individuals: Potential privacy implications if personal information is shared under the bill's provisions.
• Ministers and Devolved Authorities: Benefits from increased access to information for trade policy decisions.

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