S.C.B.
Amendment Paper as at
Tuesday 25th January 2000
STANDING COMMITTEE B
New Amendments handed in are marked thus *
FREEDOM OF INFORMATION BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [11th January], as follows:—
Clauses 1 and 2; Schedule 1; Clauses 3 to 16; Schedule 2; Clauses 17 to 54; Schedule 3; Clauses 55 to 60; Schedule 4; Clauses 61 to 66; Schedule 5; Clauses 67 to 72; Schedule 6; Clauses 73 to 84; Schedule 7; Clauses 85 and 86; new Clauses; new Schedules.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
126
Clause 24, page 13, line 6, leave out 'prejudice' and insert 'harm'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
127
Clause 25, page 13, line 17, leave out 'prejudice' and insert 'harm'.
Mr Robert Maclennan
Mr David Heath
89
Clause 25, page 13, line 27, after 'section', insert 'and subject to subsection (3A) below'.
Mr Robert Maclennan
Mr David Heath
90
Clause 25, page 13, line 31, at end insert—
'(3A) For the purposes of this section, information which has been obtained from a state, organisation or court more than 12 months before—
(a) the date of receipt of the request under section 1(1), or (if later),
(b) the date on which the consent under this subsection was last sought from that state, organisation or court in relation to that information,
shall not be confidential unless the public authority which holds it has sought the consent of that state, organisation or court for its disclosure under this Act and consent has been refused'.
Mr Robert Maclennan
Mr David Heath
67
Clause 25, page 14, line 5, at end insert 'but for the purpose of subsection (2) does not include the European Union and its institutions.'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
130
Clause 26, page 14, line 12, after 'Kingdom' insert '(or other relevant administration)'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
131
Clause 26, page 14, line 17, at end add—
'(2A) "Other relevant administration" means the administrations of the Isle of Man and the Channel Islands.'.
Mr Robert Maclennan
Mr David Heath
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
91
Page 14, line 10, leave out Clause 26.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
132
Clause 27, page 14, line 22, leave out from first 'would' to end of line 26 and insert—
'(a) harm the ability of the Government to manage the economy, prejudice the conduct of official market operations, or lead to improper gain or advantage, or
(b) prejudice the assessment or collection of tax, duties or National Insurance contributions, or assist tax avoidance or evasion'.
Mr Robert Maclennan
Mr David Heath
68
Clause 28, page 14, line 31, leave out 'has at any time been' and insert 'is'.
Mr Mark Fisher
57
Clause 28, page 14, line 39, at end insert—
'and if its disclosure under this Act would, or would be likely to, prejudice any of those purposes.'.
Mr Robert Maclennan
Mr David Heath
69
Clause 28, page 14, line 39, at end insert—
'so long as a decision as to whether to charge any person with an offence arising from any investigation is still under consideration, or any proceedings referred to in subsections (1)(a) to (1)(c) have not been concluded.'.
Mr Robert Maclennan
Mr David Heath
92
Clause 28, page 15, leave out line 10 and insert—
'(b) its disclosure under this Act would be likely to
(i) prejudice the obtaining of information from confidential sources, or
(ii) prejudice the safety of any individual who has (or who is associated with or related to an individual who has) provided information in confidence to a public authority for any such purpose'.
Mr Robert Maclennan
Mr David Heath
93
Clause 28, page 15, leave out lines 12 and 13 and insert 'which is held for anyof the purposes or functions set out in subsections (1) or (2) if, or to the extentthat, compliance would or would be likely to prejudice any of those purposes or functions'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
133
Clause 29, page 16, line 1, leave out 'prejudice' and insert 'harm'.
Mr Mark Fisher
58
Clause 29, page 16, line 1, at end insert 'any lawful measures taken, or proposed to be taken, for the purpose of'.
Mr Robert Maclennan
Mr David Heath
94
Clause 30, page 17, line 11, at end insert ', and
its disclosure under this Act would, or would be likely to, prejudice any proceedings as are described in paragraphs (a) to (c).'.
Mr Robert Maclennan
Mr David Heath
95
Clause 30, page 17, line 18, at end insert ', and
its disclosure under this Act would, or would be likely to, prejudice the conduct of that inquiry or arbitration.'.
Mr Robert Maclennan
Mr David Heath
96
Clause 30, page 17, leave out lines 20 to 21 and insert 'to which subsections (1) or (2) apply if, or to the extent that, compliance would or would be likely to prejudice any of the proceedings referred to in this section'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
135
Clause 33, page 18, line 16, after 'information', insert 'if its disclosure under this Act would, or would be likely to, prejudice any of the matters referred to in that subsection'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
134
Clause 33, page 18, line 16, leave out from 'if' to end of line 21 and insert 'its disclosure would harm the frankness and candour of internal discussion, including:
(a) proceedings of Cabinet and Cabinet committees;
(b) internal opinion, advice, recommendation, consultation and deliberation;
(c) projections and assumptions relating to internal policy analysis; analysis of alternative policy options and information relating to rejected policy options;
(d) confidential communications between departments, public bodies and regulatory bodies.'.
Mr Mark Fisher
59
Clause 33, page 18, line 16, leave out 'it relates to' and insert 'its disclosure under this Act would, or would be likely to, prejudice.'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
147
*Clause 33, page 18, line 16, leave out 'it relates to' and insert 'its disclosure under this Act would, or would be likely to, harm'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
4
Clause 33, page 18, line 17, at end insert '(except factual information which has been used, or is intended to be used, to provide an informed background to decision-taking).'.
Mr Robert Maclennan
Mr David Heath
97
Clause 33, page 18, line 21, at end insert—
'(1A) Information is not exempt by virtue of subsection (1) or section 34 insofar as it consists of—
(b) the analysis or evaluation of, or any projection based on, factual information; or
(c) expert advice on a scientific, technical, medical, financial, statistical or other matter.'.
Mr Mark Fisher
60
Clause 33, page 18, line 24, at end insert 'if its disclosure under this Act would, or would be likely to, prejudice any of the matters referred to in that subsection.'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
136
Clause 33, page 18, line 24, at end insert—
'(3) In seeking to claim an exemption under subsection (1) the public authority must at all times have regard to the overriding public interest in the publication of facts and analysis of the facts which the Government considers relevant and important in framing major policy proposals and decisions.'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
137
Clause 33, page 18, leave out lines 27 to 42.
Mr Robert Maclennan
Mr David Heath
98
Clause 34, page 19, line 2, leave out from 'if' to 'disclosure' in line 3.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
139
Clause 34, page 19, line 5, leave out 'prejudice' and insert 'harm'.
