Protection of Freedoms Bill

Insert the following new Clause—

“Consultations with a view to designating public authorities

In section 5 of the Freedom of Information Act 2000 (further power to designate public authorities) after subsection (3) insert—

“(3A) The Secretary of State shall publish an annual report setting out the persons he or she has consulted under subsection (3) and the decisions which he has taken in respect of consultations under that subsection.””

Insert the following new Clause—

“Changes to the offence of altering etc records with intent to prevent disclosure

In section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure) after subsection (4) insert—

“(5) Notwithstanding anything in section 127(1) of the Magistrates’ Court Act 1980, a magistrates’ court may try an information relating to an offence under this section if the information is laid—

(a) before the end of the period of three years beginning with the date of the commission of the offence, and

(b) before the end of the period of six months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to his or her knowledge.

(6) For the purpose of subsection (5)—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to his or her knowledge shall be conclusive evidence of that fact, and

(b) a certificate stating that matter and purporting to be so signed shall be treated as so signed unless the contrary is proved.””

Insert the following new Clause—

“Consultations with a view to designating public authorities

In section 77(3) of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure) for the words “on summary conviction” to “standard scale” substitute—

“(a) on summary conviction, to a fine not exceeding level 5 on the standard scale, or

(b) on conviction on indictment, to a fine.””

Insert the following new Clause—

“Time limit for decisions involving the public interest

In section 10(3) of the Freedom of Information Act 2000 (time for compliance with request) after “circumstances” insert “provided that it complies not later than the fortieth working day following the date of receipt”.”

Insert the following new Clause—

“Reports on compliance with time limits

In section 19 of the Freedom of Information Act 2000 (publication schemes) after subsection (2)(c) insert—

“(d) include an annual report setting out the number of requests received under the Act and under the Environmental Information Regulations 2004 (“the Regulations”) respectively and the number which have been complied with within the periods of time permitted for compliance by the Act and by the Regulations respectively.””

Insert the following new Clause—

“Time limit for compliance with internal reviewers

In section 50 of the Freedom of Information Act 2000 (application for decision by Commissioner) after subsection (2) insert—

“(2A) For the purpose of subsection (2)(a), a complaints procedure shall be regarded as having been exhausted if—

(a) the authority has communicated its decision in respect of the complaint to the complainant; or

(b) no decision in respect of the complaint has been communicated to the complainant by the end of a period of 20 working days from the date on which the complaint was received; or

(c) the complaint has raised an issue of exceptional complexity and—

(i) before the end of a period of 20 working days from the date on which the complaint was received the authority has notified the complainant of that fact and stated that it requires an additional period of time not exceeding a further 20 working days to investigate the complaint; and

(ii) no decision in respect of the complaint has been communicated to the complainant by the end of that additional period.””