S.C.B.
Amendment Paper as at
Thursday 27th January 2000
STANDING COMMITTEE B
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
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'.
Mr Robert Maclennan
Mr David Heath
99
Clause 34, page 19, leave out lines 6 and 7.
Mr Robert Maclennan
Mr David Heath
70
Clause 34, page 19, line 10, leave out 'inhibit' and insert 'prejudice'.
Mr Robert Maclennan
Mr David Heath
100
Clause 34, page 19, line 18, leave out ', in the reasonable opinion of a qualified person,'.
Mr Robert Maclennan
Mr David Heath
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
Mr David Heath
71
Clause 35, page 20, line 26, at end insert 'on any living individual'.
Mr Mark Fisher
151
Clause 38, page 21, line 7, at end insert—
'(1A) Any request or part of a request for information to which subsection (1) applies shall be treated as a request under section 7(2) of the Data Protection Act 1998 and the date on which the request was received under this Act shall be the date on which it was received for the purpose of that Act.'.
Mr Mark Fisher
148
Clause 38, page 21, line 8, at beginning insert 'Subject to subsection (5A) below,'.
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 Mark Fisher
150
Clause 38, page 21, line 28, at end insert—
'(4A) Where information is exempt under subsection (3)(a)(ii) by virtue of a notice given by the authority under section 10(3)(a) of the Data Protection Act 1998, an application for review of that notice may be made to the Commissioner by the person who has made a request under section 1.
(4B) The Commissioner shall not undertake a review under this section unless he has given the relevant person notice in writing that an application has been made and offered the relevant person an opportunity to make representations to him about the application within such reasonable time as may be set out in the notice.
(4C) If after reviewing the notice and taking account of any representations made by the relevant person the Commissioner is satisfied that the disclosure of the information in accordance with this Act would not cause substantial damage or substantial distress to the relevant person, or that any such substantial damage or substantial distress would not be unwarranted, the information shall not be exempt by virtue of subsection (3)(a)(ii), and the Commissioner shall inform the authority and the relevant person accordingly.
(4D) Where information is exempt under subsection (3)(a)(ii) by virtue of an order made by the court under section 10(4) of the Data Protection Act 1998, an application may be made to the court by a person who has made a request under section 1 and, if the court is satisfied that the disclosure of the information in accordance with this Act would not cause substantial damage or substantial distress to the relevant person, or that any such substantial damage or substantial distress would not be unwarranted, the court may vary or revoke the order accordingly.
(4E) A court shall not make an order under subsection (4) unless it has given the relevant person notice in writing that an application has been made and offered the relevant person an opportunity to make representations to it about the application within such reasonable time as may be set out in the notice.
(4F) In this section, "the relevant person" means the person who gave notice under section 10(1) of the Data Protection Act 1998 and any other person mentioned in that notice in respect of whom that notice was given.'.
Mr Mike O'Brien
49
Clause 38, page 21, line 35, at beginning insert 'the giving to a member of the public of'.
Mr Mark Fisher
149
Clause 38, page 21, line 43, at end insert—
'(5A) For the purposes of subsection (3), a disclosure of information shall not contravene any of the data protection principles or section 10 of the Data Protection Act 1998 merely because it identifies an individual, or relates to an identifiable individual, who is—
(b) a public contractor, or
(c) a representative of an organisation,
acting in that capacity.
(5B) Subsection (5A) does not apply to information relating to the health, salary or disciplinary record of an individual.
(5C) In this section—
"public official" means a Minister of the Crown, a Crown Servant or an employee or office-holder of a public authority or of an administration in the United Kingdom (within the meaning of section 26(2)), or an individual who is appointed by any of the above to any body;
"public contractor" means an individual providing services under contract to a public authority or an individual employed by or providing services under contract to a public contractor in relation to such a contract;
"representative of an organisation" means an individual who is communicating with a public authority on behalf of an organisation.'.
