Vote Bundle Text (900323-03)

Amendments proposed to the Freedom of Information Bill, As Amended - continued	House of Commons

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Mr Secretary Straw

*Page 30, line 3 [Clause 56], at end insert—

'( ) Subsection (1) does not confer any right of appeal in relation to a decision notice which relates to a failure to comply with section 13; and subsection (2) does not confer any right of appeal in relation to an enforcement notice which relates to such a failure.'.

Mr Secretary Straw

*Page 64, line 24 [Schedule 6], at end insert—

'. In section 7 of the Data Protection Act 1998 (right of access to personal data), for subsection (3) there is substituted—

(a) reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and

(b) has informed him of that requirement,

the data controller is not obliged to comply with the request unless he is supplied with that further information.".'.

Mr Secretary Straw

*Page 64, line 26 [Schedule 6], leave out 'the Data Protection Act 1998' and insert 'that Act'.

Mr Secretary Straw

*Page 36, line 40 [Clause 74], leave out 'in pursuance of a decision under section'.

Mr Secretary Straw

*Page 37, line 18 [Clause 75], after 'section 1', insert 'or 13'.

Mr Mark Fisher
Dr Tony Wright
Mr Robert Maclennan
Mr David Heath
Mr Richard Shepherd

Page 37, line 21 [Clause 75], at end insert ', or the information is information which could be communicated to the applicant in accordance with section 13'.

Mr Mark Fisher
Dr Tony Wright
Mr Robert Maclennan
Mr David Heath
Mr Richard Shepherd

Page 37, line 26 [Clause 75], at end insert 'or which could have been communicated to him in accordance with section 13'.

Mr Secretary Straw

*Page 37, line 39, leave out Clause 77.

Mr Secretary Straw

*Page 38 [Clause 78], leave out lines 3 and 4 and insert 'under section 1 or 13'.

Mr Secretary Straw

*Page 38, line 34 [Clause 81], leave out from beginning to 'section' and insert—

'A statutory instrument containing (whether alone or with other provisions)—

(a) an order under'.

Mr Secretary Straw

*Page 38, line 34 [Clause 81], after ' 4,', insert ' 6(3) or (7),'.

Mr Secretary Straw

*Page 38, line 34 [Clause 81], leave out from ' 74' to 'has' in line 35 and insert—

'or

(b) regulations under section 9(3),

shall not be made unless a draft of the instrument'.

Mr Secretary Straw

*Page 38, line 37 [Clause 81], leave out 'containing' and insert 'which contains (whether alone or with other provisions)'.

Mr Secretary Straw

*Page 38, line 38 [Clause 81], after ' 3(1)', insert 'or (Exception from duty to comply with decision notice or enforcement notice)(4) or (6)'.

Mr Secretary Straw

*Page 38, line 38 [Clause 81], leave out 'or 6(3) or (7)'.

Mr Secretary Straw

*Page 38, line 39 [Clause 81], after 'Act', insert 'not specified in subsection (2)(b)'.

Mr Secretary Straw

*Page 38, line 40 [Clause 81], at beginning insert 'and which is not subject to the requirement in subsection (2) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,'.

Mr Secretary Straw

*Page 39, line 1 [Clause 81], after ' 4', insert 'or 6(7)'.

Mr Secretary Straw

*Page 39, line 26 [Clause 82], after first ' "information" ', insert '(subject to sections 51(8) and 74(2))'.

Mr Secretary Straw

*Page 39 [Clause 82], leave out lines 30 and 31.

Mr Secretary Straw

*Page 39, line 32 [Clause 82], leave out from first 'Minister"' to end of line 35 and insert 'includes the First Minister and deputy First Minister in Northern Ireland'.

Mr Secretary Straw

*Page 40, line 2 [Clause 82], at end insert—

'"transferred matter", in relation to Northern Ireland, has the meaning given by section 4(1) of the Northern Ireland Act 1998;'.

Mr Robert Maclennan
Mr David Heath
Dr Tony Wright
Mr Mark Fisher
Mr Richard Shepherd

Page 41, line 3 [Clause 85], leave out 'five' and insert 'three'.

NEW CLAUSES

Exception from duty to comply with decision notice or enforcement notice

Mr Secretary Straw

NC6

*To move the following Clause:—

'.—(1) A decision notice or enforcement notice which relates to a failure to comply with section 13 in relation to any one or more requests for information shall cease to have effect if, not later than the twentieth working day following the day on which the notice was given to the public authority, the accountable person in relation to that authority gives the Commissioner a certificate signed by him stating that he has on reasonable grounds formed the opinion that the authority did not fail to comply with section 13 in relation to that request or those requests.

(2) Where the accountable person gives a certificate to the Commissioner under subsection (1) in relation to a decision notice, the accountable person shall, on doing so or as soon as reasonably practicable after doing so, inform the person who is the complainant for the purposes of section 50 of the reasons for his opinion.

(3) The accountable person is not obliged to provide information under subsection (2) if, or to the extent that, compliance with that subsection would involve the disclosure of exempt information.

(4) In this section "the accountable person"—

(a) in relation to a government department, means any Minister of the Crown,

(b) in relation to a Northern Ireland department, means the Northern Ireland Minister in charge of that department,

(d) in relation to the House of Lords, means the Clerk of the Parliaments,

(e) in relation to the Northern Ireland Assembly or the Northern Ireland Audit Office, means the Presiding Officer of that Assembly,

(f) in relation to the National Assembly for Wales or an Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998, means the Assembly First Secretary,

(g) in relation to the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999, means the Mayor of London,

(h) in relation to a local authority or, in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972, means a member, committee or sub-committee of that local authority or district council designated by the Secretary of State by order,

(i) in relation to any public authority not falling within paragraph (b), (e) or (h) whose functions are exercisable wholly or mainly in or as regards Northern Ireland and relate wholly or mainly to transferred matters, means the First Minister and deputy First Minister in Northern Ireland acting jointly, or any Northern Ireland Minister nominated in relation to that public authority by those Ministers so acting,

(j) in relation to any public authority specified in Part II of Schedule 1 which is not a local authority but whose members include members of local authorities, means—

(i) a committee or sub-committee of the public authority designated by the Secretary of State by order, or

(ii) a member of a local authority who is also a member of that public authority and is designated by the Secretary of State by order, and

(k) in relation to any other public authority, means a Minister of the Crown designated by the Secretary of State by order.

(5) An order under subsection (4)—

(a) may designate specified persons or persons falling within a specified description,

(b) may designate different persons in relation to the same authority in relation to different cases, and

(6) The Secretary of State may by order provide for the exercise of the functions conferred by subsection (1) on the accountable person (whether designated by subsection (4) or by an order under that subsection) in the event of any vacancy in the office held by the accountable person or in the event of the illness or absence of the accountable person.

(7) In this section—

"local authority" means—

(a) a local authority within the meaning of the Local Government Act 1972,

(b) the Common Council of the City of London, or

"working day" has the same meaning as in section 9.'.