| Amendments proposed to the Freedom of Information Bill - continued | House of Commons |
| back to previous text | |
|
Mr Robert Maclennan 99 Clause 34, page 19, leave out lines 6 and 7.
Mr Robert Maclennan 70 Clause 34, page 19, line 10, leave out 'inhibit' and insert 'prejudice'.
Mr Robert Maclennan 100 Clause 34, page 19, line 18, leave out ', in the reasonable opinion of a qualified person,'.
Mr Robert Maclennan 101 Clause 34, page 19, line 21, leave out from beginning to end of line 22 on page 20.
Miss Ann Widdecombe Mr David Lidington
Mr John Greenway 138 Page 18, line 43, leave out Clause 34.
Mr Robert Maclennan 71 Clause 35, page 20, line 26, at end insert 'on any living individual'.
Mr Mike O'Brien 47 Clause 38, page 21, line 17, after 'public' insert 'otherwise than under this Act'.
Mr Mike O'Brien 48 Clause 38, page 21, line 22, after 'public' insert 'otherwise than under this Act'.
Mr Mike O'Brien 49 Clause 38, page 21, line 35, at beginning insert 'the giving to a member of the public of'.
Miss Ann Widdecombe 140 Clause 41, page 22, line 30, at end insert—'(4) In this section 'trade secret' means any confidential trade information which if disclosed to a competitor would cause harm to its owner'.
Miss Ann Widdecombe 141 Clause 43, page 23, line 1, leave out subsection (2).
Miss Ann Widdecombe 142 Clause 43, page 23, line 6, leave out 'or (2)'.
Miss Ann Widdecombe 143 Clause 43, page 23, line 13, leave out 'or (2)'.
Miss Ann Widdecombe 145 Clause 43, page 23, line 20, leave out subsection (5).
Miss Ann Widdecombe 144 Clause 43, page 23, line 26, leave out 'or (2)'.
Miss Ann Widdecombe 146 Page 22, line 39, leave out Clause 43.
Mr Robert Maclennan 72 Clause 44, page 24, line 5, at end insert 'and any other relevant person.'.
Mr Robert Maclennan 73 Clause 45, page 24, line 31, leave out 'and'.
Mr Robert Maclennan 74 Clause 45, page 24, line 33, at end insert ', and
Miss Ann Widdecombe 5 Clause 50, page 26, line 30, at end insert—'(1A) The complainant may also apply to the Commissioner for a decision in cases where a public authority has not complied with a discretionary disclosure recommendation given under section 48.'.
Mr Mark Fisher 61 Clause 50, page 27, line 19, leave out subsection (7).
Miss Ann Widdecombe 6 Clause 50, page 27, line 20, leave out 'not'.
Miss Ann Widdecombe 7 Clause 50, page 27, line 22, leave out from 'information' to end of line 26.
Mr Mark Fisher 62 Clause 52, page 28, line 23, leave out subsection (2).
Miss Ann Widdecombe 8 Clause 52, page 28, line 30, leave out 'not'.
Miss Ann Widdecombe 9 Clause 52, page 28, line 32, leave out from 'information' to end of line 36.
Mr Robert Maclennan 77 Clause 73, page 36, line 10, leave out 'may' and insert 'shall'.
Mr Robert Maclennan 78 Clause 81, page 38, line 27, after second '(2)', insert ', 73'.
Mr Mark Fisher 63 Clause 82, page 39, line 28, at end insert—'"prejudice" means prejudice which is actual, real and of substance'.
NEW CLAUSESAppeal against decision not to make discretionary disclosure
Miss Ann Widdecombe NC1 To move the following Clause:—'.—(1) Where a public authority has decided under section 13 not to inform an applicant that it holds information or not to communicate information to him and the authority has not complied with a discretionary disclosure recommendation under section 48, a decision notice under section 50(7), or an enforcement notice under section 50(2), the applicant may appeal to the Tribunal. (2) On such an appeal the Tribunal may review the public authority's exercise of its discretion under section 13 and may order the public authority to communicate or release the information to the applicant if it finds that the public authority has failed to exercise its discretion in accordance with the provisions of that section.'.
Purposes
Mr Robert Maclennan NC2 To move the following Clause:—'.—(1) The purposes of this Act are to extend progressively the right of the public to information held by public authorities to the maximum extent possible, consistent with the need to protect interests specified in exemptions, so as to promote—
(2) This Act shall be interpreted so as to further the purposes specified in subsection (1) and to encourage the disclosure of information, promptly and at the lowest reasonable cost.'.
Official secrets
Mr Robert Maclennan NC3 To move the following Clause:—'.—After section 1 of the Official Secrets Act 1989 there shall be inserted— "—(1A).—(1) It shall be a defence for a person charged with an offence under this Act to prove that the disclosure or retention of the information or article was in the public interest in that he had reasonable cause to believe that it indicated the existence of crime, fraud, abuse of authority, neglect in the performance of official duty or other misconduct. (2) It shall be a defence for a person charged with an offence under this Act to prove that the disclosure of the information or other article for which he has been charged was in the public interest, having regard both to any damage actually caused by the disclosure and any benefit to the public interest from it; or that he had reasonable cause to believe at the time of the disclosure that it was so in the public interest. (3) In the case of a Crown servant or government contractor charged with an offence under sections 1, 2, 3, 4, 6 or 8 of this Act subsections (1) or (2) above shall only apply if he has taken reasonable steps to comply with any established procedures for drawing such misconduct to the attention of the appropriate authorities without effect.".'.
|
 | |
| |
| ©Parliamentary copyright 2000 | Prepared 25 Jan 2000 |