Vote Bundle Text (900323-04)

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

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Purposes

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

NC1

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;

(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
Mr Richard Shepherd

NC2

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.".'.

Duty to assist

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

NC3

To move the following Clause:—

'.—(1) A public authority shall take all reasonable steps to assist any person in seeking to exercise any right under this Act.

(2) For the purpose of subsection (1) a public authority shall have regard to any relevant guidance contained in the code of practice issued under section 44.'.

Duty to give reasons

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

NC4

To move the following Clause:—

'.—(1) A public authority to which this section applies shall, within 20 working days of making any decision or recommendation which materially affects any person, give to that person a written statement setting out—

(a) the reasons for its decision or recommendation, and

(b) any material findings on which its decision or recommendation was based.

(2) A public authority is not required by subsection (1) to disclose any exempt information unless the public interest in disclosure outweighs the public interest in maintaining the exemption.

(3) The public authorities to which this section applies are—

(a) any public authority in respect of which an investigation may be made by:

(i) the Parliamentary Commissioner for Administration, the Scottish Parliamentary Commissioner for Administration and the Welsh Administration Ombudsman;

(ii) the Northern Ireland Parliamentary Commissioner for Administration (or the Parliamentary Ombudsman for Northern Ireland); or

(iii) the Health Service Commissioner for England, the Health Service Commissioner for Scotland, or, in respect of health service bodies in Northern Ireland, the Commissioner for Complaints; and

(b) any other public authority which has been notified in writing by the Information Commissioner that it is subject to the provisions of this section.'.

Power to remove exemptions by order

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

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 any provision of this Act as may be specified in the order;

(b) any provision of this Act specified in the order 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) any provision of this Act specified in the order 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.'.

Mr Robert Maclennan
Mr David Heath
Mr Richard Shepherd

Title, line 3, after '1998' insert ', the Official Secrets Act 1989'.




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