Amendments proposed to the Freedom of Information Bill, As Amended - continued | House of Commons |
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Purposes
Mr Robert Maclennan 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
(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 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 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 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
(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
Power to remove exemptions by order
Dr Tony Wright NC5 To move the following Clause:'.(1) The Secretary of State may by order provide that
(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.'.
Information already disclosed
Mr Richard Shepherd NC7 To move the following Clause:'.(1) Information is not exempt information if it is substantially similar to any disclosed information. (2) In this section "disclosed information" means any information which has been lawfully disclosed in accordance with the provisions of any statutory or other scheme requiring or authorising the disclosure of information within any administration in the United Kingdom, but does not include personal data relating to the individual to whom it was disclosed. (3) In this section "administration in the United Kingdom" has the same meaning as in section 26.'.
Extension of meaning of "data subject"
Miss Ann Widdecombe NC8 To move the following Clause:'.(1) Section 1 of the Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3). (2) In the definition of "data subject", after the word "individual" there is inserted "or company". (3) The definition of "personal data" is omitted and the following words are inserted
Notification of third parties
Miss Ann Widdecombe NC9 To move the following Clause:'.(1) Where a request for information is received by a public authority and that information relates to a third party's commercial interests the public authority shall
(2) For the purposes of subsection (1)
(3) Where, after due regard has been given to any representation made in accordance with subsection (1), a public authority is to any extent not relying on a claim that information is exempt information in reaching its decision, the public authority must, without delay, give the third party a notice which
Duty to publish manuals etc.
Mr Richard Shepherd NC10 *To move the following Clause:'(1) A public authority to which this section applies shall, subject to subsection (2), publish any manuals, instructions, precedents and guidelines used by it for the purpose of
(2) A public authority is not required by subsection (1) to publish 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
Information Ombudsman and Parliamentary Information Committee
Miss Ann Widdecombe NC11 *To move the following Clause:'(1) There shall be an officer of the House of Commons called the Information Ombudsman, who shall be appointed by the House of Commons. (2) There shall be a committee of the House of Commons appointed, to be called the Parliamentary Information Committee. (3) In this Act the Information Ombudsman is known as "the Ombudsman".'.
Mr Robert Maclennan 36 Title, line 3, after '1998' insert ', the Official Secrets Act 1989'.
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