S.C.B.
Amendment Paper as at
Thursday 10th February 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.
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
Mr David Heath
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
Mr David Heath
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 52(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.'.
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.".'.
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.'.
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.'.
