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Mr. Straw: I will not accept an intervention from the hon. Gentleman--
Mr. Straw: I always do. I would say to the hon. Gentleman, gently and with great affection, that he should not seek to have it both ways: to complain that we have not listened to an argument and then to complain about the consequences when we have listened and have agreed to amend the Bill.
The truth is that, given my undertakings yesterday, the Bill--whether or not new clause 6 is in it--does not wholly reflect the opinion of the House. However, it is my judgment, as I explained to the hon. Member for Southwark, North and Bermondsey (Mr. Hughes), that the new clause is better in the Bill because then the complete scheme of change in principle--the change from discretionary disclosure to a power to the commissioner and a duty to abide by that save for the circumstances of Executive override--is there. Amending the new clause will not disturb the principles, which will be there. That is a less disingenuous way to present the Bill to the other place than to leave out new clause 6.
I hope that the undertakings that I have given are satisfactory and I urge the House to support the amendments and the new clause.
Amendment agreed to.
"Motion made, and Question put, That the clause be read a Second time:--
Amendments made: No. 65, in page 27, line 26, at end insert--
'( ) Subsections (5) and (6) do not apply in relation to a decision notice which relates to a failure to comply with section 13.'.
No. 66, in page 27, line 27, leave out subsection (7) and insert--
'(7) This section has effect subject to section (Exception from duty to comply with decision notice or enforcement notice).'.--[Mr. Mike Hall.]
Amendment made: No. 67, in page 28, line 32, at end insert--
'(8) In this section "information" includes unrecorded information.'.--[Mr. Mike Hall.]
Amendments made: No. 6, in page 28, line 39, leave out subsection (2).
No. 69, in page 29, line 10, at end insert--
'( ) Subsections (3)(b) and (4) do not apply in relation to a decision notice which relates to a failure to comply with section 13.'.
No. 70, in page 29, line 12, at end insert--
'( ) This section has effect subject to section (Exception from duty to comply with decision notice or enforcement notice).'.--[Mr. Mike Hall.]
Amendment made: No. 71, in page 30, line 3, 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. Mike Hall.]
Amendments made: No. 89, in page 64, line 24, at end insert--
'. In section 7 of the Data Protection Act 1998 (right of access to personal data), for subsection (3) there is substituted--
"(3) Where a data controller--
(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.".'.
No. 90, in page 64, line 26, leave out--
'the Data Protection Act 1998'
and insert "Act".--[Mr. Mike Hall.]
Amendment made: No. 72, in page 36, line 40, leave out--
'in pursuance of a decision under section'.--[Mr. Mike Hall.]
Amendment made: No. 73, in page 37, line 18, after "section 1", insert "or 13".--[Mr. Mike Hall.]
Amendment made: No. 74, in page 37, line 39, leave out Clause 77.--[Mr. Mike Hall.]
Amendment made: No. 75, in page 38, leave out lines 3 and 4 and insert--
'under section 1 or 13'.--[Mr. Mike Hall.]
Amendments made: No. 76, in page 38, line 34, leave out from beginning to "section" and insert--
'A statutory instrument containing (whether alone or with other provisions)--
(a) an order under'.
No. 77, in page 38, line 34, after " 4,", insert " 6(3) or (7),".
No. 78, in page 38, line 34, 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'.
No. 79, in page 38, line 37, leave out "containing" and insert--
'which contains (whether alone or with other provisions)'.
No. 80, in page 38, line 38, after " 3(1)", insert--
'or (Exception from duty to comply with decision notice or enforcement notice)(4) or (6)'.
No. 81, in page 38, line 38, leave out "or 6(3) or (7)".
No. 82, in page 38, line 39, after "Act", insert--
'not specified in subsection (2)(b)'.
No. 83, in page 38, line 40, 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,'.
No. 84, in page 39, line 1, after " 4", insert "or 6(7)".--[Mr. Mike O'Brien.]
Amendments made: No. 85, in page 39, line 26, after first " "information" ", insert--
'(subject to sections 51(8) and 74(2))'.
No. 86, in page 39, leave out lines 30 and 31.
No. 87, in page 39, line 32, leave out from first "Minister"" to end of line 35 and insert--
'includes the First Minister and deputy First Minister in Northern Ireland'.
No. 88, in page 40, line 2, 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. Mike Hall.]
'.--(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,
(c) in relation to the House of Commons or the National Audit Office, means the Speaker of that House,
(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
(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
(c) may make any designation subject to conditions.
(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
(c) the Council of the Isles of Scilly;
"working day" has the same meaning as in section 9.'.--[Mr. Mike Hall.]
Brought up, and read the First time.
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