| Amendments proposed to the Freedom of Information Bill - continued | House of Commons |
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Mr Robert Maclennan 153 Clause 39, page 22, line 12, at end insert—'(1A) Information is not exempt under this section unless the authority has sought the consent of the person from whom it was obtained to communicate the information in response to a request under this Act and that consent has been refused. (1B) Subsection (1A) does not apply if, within the previous 12 months, the consent of that person was sought and was refused in relation to the same information.'.
Mr Robert Maclennan 154 Clause 39, page 22, line 12, at end insert—'(1A) Information is not exempt under this section if an obligation of confidentiality has been entered into after the commencement of this Act in circumstances in which the code of practice under section 44 provides that to enter into such an obligation would be inappropriate'.
Mr Ian Cawsey 158 Clause 39, page 22, line 12, at end insert—'(1A) In relation to information obtained after section 1 comes into force, no actionable breach of confidence can be committed within the meaning of subsection (1) above unless, prior to receiving the information, the public authority holding it confirmed in writing to the person who subsequently gave it that it was willing to receive it in confidence. (1B) A public authority shall not give the confirmation referred to in subsection (1A) above unless it requires the information in order properly to discharge its functions and believes on reasonable grounds that the person concerned will not give it unless he receives the confirmation'.
Mr Robert Maclennan 155 Clause 41, page 22, line 25, leave out subsection (2) and insert—'(2) Information is exempt information if it is information—
(2A) Information is exempt information if it is information which relates to the financial affairs of the public authority which holds it, and—
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).
Mr Mark Fisher 152 Clause 43, page 23, line 5, at end insert—'(2A) The Secretary of State may by order provide that—
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)'.
Mr Robert Maclennan 156 Clause 43, page 23, line 27, at end add ', and shall publish any representations made to him by the Commissioner.'.
Miss Ann Widdecombe 146 Page 22, line 39, leave out Clause 43.
Mr Robert Maclennan 157 Clause 44, page 23, line 45, leave out 'and' and insert—
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.".'.
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