Select Committee on Public Administration Third Report


PROCEEDINGS OF THE COMMITTEE RELATING TO THE REPORT

TUESDAY 19 MAY 1998

Members present:

Mr Rhodri Morgan, in the Chair


Mr Peter BradleyMr Richard Shepherd
Miss Melanie Johnson


The Committee deliberated.

  * * * * *

Draft Report (Your Right To Know: The Government's Proposals for a Freedom of Information Act), proposed by the Chairman, brought up and read.

Paragraph 1 read and agreed to.

Paragraph 2 read, amended, and agreed to.

Paragraphs 3 to 8 read and agreed to.

Paragraph 9 read, amended, and agreed to.

Paragraphs 10 and 11 read and agreed to.

Paragraph 12 read, amended, and agreed to.

Paragraph 13 read and agreed to.

Paragraphs 14 to 18 read, amended, and agreed to.

Paragraph 19 read and agreed to.

Paragraph 20 read, amended, and agreed to.

Paragraph 21 read and agreed to.

Paragraph 22 read, amended, and agreed to.

Paragraphs 23 to 25 read and agreed to.

Paragraph 26 read, amended, and agreed to.

Paragraph 27 read and agreed to.

Paragraph 28 read, amended, and agreed to.

Paragraph 29 read and agreed to.

Paragraph 30 read, amended, and agreed to.

Paragraphs 31 to 36 read and agreed to.

Paragraph 37 read, amended, and agreed to.

Paragraph 38 read and agreed to.

Paragraph 39 read, amended, and agreed to.

Paragraphs 40 to 45 read and agreed to.

Paragraph 46 read, amended, and agreed to.

Paragraphs 47 to 49 read and agreed to.

Paragraphs 50 and 51 read, amended, and agreed to.

Paragraphs 52 to 54 read and agreed to.

Paragraph 55 read, amended, and agreed to.

Paragraph 56 read and agreed to.

Paragraph 57 read, amended, and agreed to.

Paragraphs 58 to 63 read and agreed to.

Paragraph 64 read, amended, and agreed to.

Paragraph 65 read and agreed to.

Paragraph 66 read, amended, and agreed to.

Paragraphs 67 to 71 read and agreed to.

Paragraph 72 read, as follows:

"On the other hand, it is unclear what the less demanding test is supposed to achieve in practice. Is it designed to prevent disclosure of (for example) all information relating to proceedings in Cabinet and Cabinet Committees, on the grounds that this could damage collective responsibility? If so, then a class exclusion for all Cabinet documents might have been a more sensible option, which could have allowed other documents to be dealt with under the "substantial harm" test, rather than the "simple harm" test. We recommend that the Government clarify its intentions with regard to Cabinet documents, and indicate whether there are any documents relating to Cabinet (and Cabinet Committee) proceedings that are likely to be disclosed under Freedom of Information. The White Paper also mentions Ministerial correspondence and policy advice intended for Ministers, and confidential communications between departments and other public bodies" as other "classes" of documents which will in practice probably be regarded as undisclosable. The White Paper does stress though, that "all potential disclosures will be decided on the basis of the information in question, against the requirements of the Act".

Paragraph disagreed to.

Paragraph 73 (now paragraph 72) read and agreed to.

Paragraph 74 (now paragraph 73) read, amended, and agreed to.

Paragraphs 75 to 78 (now paragraphs 74 to 77) read and agreed to.

Paragraph 79 (now paragraph 78) read, amended, and agreed to.

Paragraph 80 (now paragraph 79) read and agreed to.

Paragraphs 81 and 82 (now paragraphs 80 and 81) read, amended, and agreed to.

Paragraphs 83 to 86 (now paragraphs 82 to 85) read and agreed to.

Paragraph 87 (now paragraph 86) read, amended, and agreed to.

Paragraphs 88 to 105 (now paragraphs 87 to 104) read and agreed to.

Paragraph 106 (now paragraph 105) read, amended, and agreed to.

Paragraphs 107 to 114 (now paragraphs 106 to 113) read and agreed to.

Annexes agreed to.

Several Memoranda were ordered to be reported to the House.

Resolved,—That the Report be the Third Report of the Committee to the House.

Ordered,—That the Chairman do make the Report of the House.

Ordered,—That the provisions of Standing Order No. 134 (Select Committees (reports)) be applied to the Report.

  * * * * *

  [Adjourned till Tuesday 2 June at Ten o'clock


 
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