Amendments proposed to the Freedom of Information Bill - continued	House of Commons
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Official secrets

   

Mr Robert Maclennan
Mr David Heath

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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Supply of medical etc. information

   

Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway

NC4

To move the following Clause:—

    '.—A model publication scheme for any public authority mentioned in paragraphs 44, 45 and 51 of Part III of Schedule 1 may provide for information to be supplied to an applicant by the responsible primary care group or Health Authority in England and Wales or by the Northern Ireland Central Services Agency for the Health and Social Services.'.

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Power to set aside exemptions by order

   

Mr Mark Fisher

NC5

To move the following Clause:—

    '.—(1) The Secretary of State may by order provide that—

(a) information of such description as may be specified in the order is not exempt by virtue of this Act or by virtue of any provision of this Act as may be specified in the order;

(b) any provision of this Act by virtue of which information is exempt shall be repealed or shall apply only in relation to information of the description specified in the order;

(c) information which is exempt by virtue of any provision of this Act as may be specified in the order shall cease to be exempt unless its disclosure would, or would be likely to, prejudice the exercise by a public authority of any function as may be specified in the order;

(d) any provision of this Act by virtue of which the duty to confirm or deny does not arise shall be repealed or shall apply only in relation to such information, or in such circumstances, as may be specified in the order.

    (2) An order under this section may make different provision for different cases.

    (3) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.'.

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Prepared 8 Feb 2000