Vote Bundle Text (900331-03)

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

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

Page 19, line 24 [Clause 34], after 'to', insert 'substantially'.

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

Page 19, line 28 [Clause 34], leave out from 'that' to 'compliance'.

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

Page 19, line 31 [Clause 34], leave out from beginning to end of line 34 on page 20.

Mr Secretary Straw

Page 20, line 10 [Clause 34], at end insert—

'( ) in relation to information held by any public authority which does not fall within paragraph (b), (f) or (j) and 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,'.

Mr Harry Cohen

105

Page 21 [Clause 38], leave out lines 24 to 30 and insert—

'(a) that the disclosure of information to a member of the public would be likely to result in a public authority breaching its obligation to respect the private life of individuals as set out in Article 8 of Schedule 1 to the Human Rights Act 1998, and'.

Mr Harry Cohen

106

Page 21, line 35 [Clause 38], at end insert—

(3A) When determining whether the obligation specified in subsection 3(a) is breached a public authority shall, in particular, have regard to—

(a) whether the disclosure of information by the authority is likely to cause unwarranted damage or unwarranted distress to the private life of any individual who is identified by the information,

(b) whether the disclosure of information by the authority is explicitly prohibited by any enactment other than a disclosure which may be required by this Act,

(d) whether the substantial public interest would be served by the determination that the information should not be disclosed,

(e) whether the information relates to other information of a similar nature which is readily accessible to the public, and

(f) whether the disclosure of information by the authority would be likely to result in a public authority being in breach of an obligation under the Human Rights Act 1998, other than as specified in Article 8 of Schedule 1 to that Act.

(3B) For the purpose of this section, any processing which is necessary to facilitate a disclosure of information by a public authority pursuant to a request under this Act shall be considered not to breach any data protection principle of the Data Protection Act 1998, and, for the avoidance of doubt, the data protection principles shall apply to any subsequent processing by any person to whom that information has been disclosed.'.

Mr Secretary Straw

101

Page 22, line 24 [Clause 39], after 'that' insert 'or any'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

Page 22, line 36 [Clause 41], at end insert—

'(1A) Information is exempt information if it was supplied to a public authority by a company or other commercial organisation before the coming into force of this Act'.

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

Page 22, line 37 [Clause 41], leave out subsection (2) and insert—

'(2) Information is exempt information if it was supplied to the authority in confidence by any person and its disclosure under this Act would unreasonably prejudice the commercial interests of that person.

(2A) Information is exempt information if it has been consistently treated as confidential by the authority and its disclosure under this Act would unreasonably prejudice the commercial interests of the authority.'.

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

Page 22, line 38 [Clause 41], after 'to', insert 'substantially'.

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

Page 22, line 39 [Clause 41], at end insert—

'(2A) Information is not exempt by virtue of subsection (2) if or to the extent that—

(a) it relates the quality or safety of the goods or services produced or supplied by the person referred to in that subsection or the conditions under which those goods or services are produced or supplied; and

(b) the prejudice to that person's commercial interests would result from the exercise of more informed choice by persons seeking to acquire those goods or services,

unless the information is inaccurate.'.

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

Page 22, line 41 [Clause 41], after 'to', insert 'substantially'.

Mr Secretary Straw

Page 23, line 4 [Clause 42], leave out 'is excluded' and insert 'does not arise'.

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

Page 23, line 7, leave out Clause 43.

Mr Secretary Straw

Page 23 [Clause 43], leave out lines 38 and 39 and insert—

'(6) Before laying before Parliament a draft of an order under subsection (1) or (2), the Secretary of State shall—

(a) consult the Commissioner, and

(b) publish any written representations made to him by the Commissioner with respect to the proposed order, except so far as those representations contain information which is, or if the order were made would be, exempt information.'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

125

*Page 25, line 9 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

126

*Page 25, line 15 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

127

*Page 25, line 22 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

128

*Page 25, line 24 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

129

*Page 25, line 26 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

130

*Page 25, line 27 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

131

*Page 25, line 30 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

132

*Page 25, line 35 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

133

*Page 25, line 41 [Clause 46], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

134

*Page 25, line 44 [Clause 47], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

135

*Page 26, line 6 [Clause 47], leave out 'Commissioner's' and insert 'Ombudsman's'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

136

*Page 26, line 10 [Clause 47], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

137

*Page 26, line 16 [Clause 47], leave out 'Commissioner' and insert 'Ombudsman'.

Mr Secretary Straw

Page 26, line 18, leave out Clause 48.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

138

*Page 26, line 18 [Clause 48], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

139

*Page 26, line 23 [Clause 48], leave out 'Commissioner' and insert 'Ombudsman'.

Miss Ann Widdecombe
Mr David Lidington
Mr Nick Hawkins

140

*Page 26, line 28 [Clause 48], leave out 'Commissioner' and insert 'Ombudsman'.