Localism Bill

Insert the following new Clause—

“Freedom of information and contracts

(1) Any contract for any sum over £1 million made by a relevant authority with any person after the coming into force of this section shall be deemed to include a freedom of information provision.

(2) Where such a contract is to any extent performed by means of a sub-contract that sub-contract shall be deemed to include a freedom of information provision.

(3) In this section a “freedom of information provision” means a provision stipulating that all information relating to the performance of the contract which is held by—

(a) the contractor,

(b) a sub-contractor, and

(c) any other person on behalf of the contractor or sub-contractor,

is, notwithstanding any contrary provision, deemed to be held on behalf of the relevant authority for the purpose of section 3(2)(b) of the Freedom of Information Act 2000 or regulation 3(2)(b) of the Environmental Information Regulations 2004.

(4) A freedom of information provision shall not require—

(a) a contractor to disclose to the relevant authority, any communication between itself and a professional legal adviser in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the relevant authority under the contract;

(b) a sub-contractor to disclose to the contractor any communication between a professional legal adviser and itself in connection with the giving of legal advice to it with respect to its obligations, liabilities or rights in relation to the contractor under the contract.”

Insert the following new Clause—

“Publicly owned companies

(1) The Freedom of Information Act 2000 is amended as follows.

(2) In section 6(1)(b), at the end insert—

“(c) at least fifty per cent of its shares are owned by one or more relevant authorities.”

(3) In section 6(3), at the end insert—

““relevant authority” has the same meaning as in section 14(4) of the Localism Act 2011.””

Insert the following new Clause—

“Annual Report on compliance with the Freedom of Information Act 2000 etc

(1) A relevant authority shall publish an annual report relating to its compliance with the requirements of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 which shall include information about—

(a) the numbers of requests which it has received, its responses to them and the timeliness of those responses;

(b) any fees or charges made in connection with those requests;

(c) the number of complaints about its handling of requests which it has received, the outcomes of those complaints and the time it has taken to deal with them;

(d) the number of complaints made to the Information Commissioner in respect of the authority and the outcome of those complaints.

(2) The Secretary of State may by regulations prescribe—

(a) further particulars that are to be contained in the annual report required under this section, and

(b) the form in which the information contained in the annual report required under this section is to be presented.”

Page 153, line 22, leave out “must” and insert “may”

Page 153, line 23, leave out “is not “duly made”” and insert “may be made”

Page 153, line 24, leave out “unless it is”

Page 159, line 3, at end insert—

“(9) In part VI of Schedule 1 to the Freedom of Information Act 2000 (public authorities) at the appropriate place insert—

“A Housing Ombudsman.””