Questions Without Notice from Party Spokespeople

Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:32 pm on 7 December 2022.

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Photo of Mark Isherwood Mark Isherwood Conservative 2:32, 7 December 2022

Well, thank you. It's my understanding that there are voices in senior UK Labour leadership who do grasp the east-west axis of crime and criminal justice across the Wales-England border and recognise that full devolution accordingly could be counterproductive.

However, responsibilities you hold as Counsel General include matters relating to legislation passed by the Senedd and accessibility of Welsh law. As you will be aware, provided that a Member of the Senedd is acting within the expectations of a constituent, the Member has a legal basis to request information from a public body when representing the constituent. Section 24 of the Data Protection Act 2018 allows an elected representative to receive information from another data controller, including a local authority, in relation to an individual for the purpose of a casework matter where they're acting with authority. However, after I wrote to—I won't name it—a north Wales local authority regarding social services matters on behalf of neurodiverse parents, the response from the local authority's social services chief officer included, 'These appear to be issues raised by you as a Member of the Senedd about an individual case, and therefore outside of the parameters we would disclose to a third party.'

What action can you therefore take within your remit to ensure that senior officers in such local authorities understand that responses regarding individual cases should be provided by council departments when replying to correspondence sent by a Member of the Senedd—this Welsh Parliament—in a representative capacity?