S.C.B.
Amendment Paper as at
Tuesday 8th February 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
159
Clause 48, page 26, line 7, at beginning insert—
'(A1).—Whether on application from a public authority or from any person who has made a request for information to that authority the Commissioner may review any decision made by the public authority under section 13.'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
160
Clause 48, page 26, line 8, leave out 'have'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
161
Clause 48, page 26, line 9, leave out 'informed,' and insert 'inform,'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
162
Clause 48, page 26, line 10, leave out 'communicated' and insert 'communicate the'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
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 Robert Maclennan
Mr David Heath
169
Clause 50, page 26, line 33, leave out 'exhausted' and insert 'taken reasonable steps to raise the matter in accordance with'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
163
Clause 50, page 26, leave out line 36.
Mr Mark Fisher
61
Clause 50, page 27, line 19, leave out subsection (7).
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
6
Clause 50, page 27, line 20, leave out 'not'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
7
Clause 50, page 27, line 22, leave out from 'information' to end of line 26.
Mr Robert Maclennan
Mr David Heath
170
Clause 51, page 27, line 40, after 'information', insert '(whether or not already recorded)'.
Mr Mark Fisher
62
Clause 52, page 28, line 23, leave out subsection (2).
Mr Robert Maclennan
Mr David Heath
171
Clause 52, page 28, line 24, after 'I', insert 'or with a practice recommendation under section 47(1)'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
8
Clause 52, page 28, line 30, leave out 'not'.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
9
Clause 52, page 28, line 32, leave out from 'information' to end of line 36.
Mr Robert Maclennan
188
*Schedule 3, page 60, line 3, leave out 'and'.
Mr Robert Maclennan
189
*Schedule 3, page 60, line 5, at end insert 'and—
(d) to administer oaths and to require any person to give evidence under oath.'.
Mr Robert Maclennan
177
*Clause 61, page 31, line 7, leave out subsection (2).
Mr Robert Maclennan
178
*Clause 62, page 31, line 13, leave out from '26,' to end of line and insert '27, 28(1), 30, 31, 32, 33, 34, 35(1)(a), 37, 40, 41 or 42(1)(a).
Mr Robert Maclennan
182
*Clause 62, page 31, line 17, leave out 'section' and insert 'sections 24, 25, 29 and'.
Mr Robert Maclennan
179
*Clause 62, page 31, line 20, at end insert—
'(3A) Information contained in an historical record cannot be exempt information by virtue of section 21 unless its disclosure would, or would be likely to, prejudice national security.'.
Mr Robert Maclennan
180
*Clause 62, page 31, line 20, at end insert—
'(3A) Information contained in an historical record cannot be exempt information by virtue of section 38(2) after the end of a period of seventy-five years beginning with the year following that in which the record containing the information was created unless its disclosure would cause substantial distress to the individual to whom it relates or that individual's descendants'.
Mr Robert Maclennan
181
*Clause 62, page 31, line 20, at end insert—
'(3A) Information contained in an historical record cannot be exempt information by virtue of section 39—
(a) if it was obtained from another public authority; or
(b) unless its disclosure would constitute a breach of good faith.'.
Mr Robert Maclennan
183
*Clause 62, page 31, line 21, leave out subsection (4).
Mr Robert Maclennan
184
*Clause 69, page 34, leave out lines 30 and 31.
Mr Robert Maclennan
185
*Clause 69, page 34, line 41, leave out from 'III' to end of line 42.
Mr Robert Maclennan
Mr David Heath
77
Clause 73, page 36, line 10, leave out 'may' and insert 'shall'.
Mr Mark Fisher
174
Clause 75, page 37, line 14, at end insert 'or the information is information which could be communicated to the applicant in accordance with section 13,'.
Mr Mark Fisher
175
Clause 75, page 37, line 19, at end insert 'or which could have been communicated to him in accordance with section 13.'.
Mr Robert Maclennan
Mr David Heath
172
Clause 81, page 38, line 29, at end insert—
'(2A) No regulations shall be made under section 73 unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.'.
Mr Robert Maclennan
186
*Clause 81, page 38, line 31, after '3(1)', insert 'or 3(5)'.
Mr Robert Maclennan
Mr David Heath
173
Clause 81, page 38, line 32, at end insert 'other than section 73'.
Mr Robert Maclennan
187
*Clause 81, page 38, line 35, leave out subsection (4).
Mr Mark Fisher
63
Clause 82, page 39, line 28, at end insert—
'"prejudice" means prejudice which is actual, real and of substance'.
Mr Mark Fisher
176
Clause 85, page 40, line 39, leave out 'five' and insert 'three'.
NEW CLAUSES
Appeal against decision not to make discretionary disclosure
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
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
Mr David Heath
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—
(a) the accountability of public authorities;
(b) informed public debate on public affairs;
(c) public participation in the making of decisions; and
(d) public understanding of the powers, duties and operation of public authorities.
(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.'.
