House of Commons Standing Committee Proceedings—continued

House of Commons

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NEW CLAUSES

    Disclosure from the register: unlawful activities

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Not moved      NC1

 To move the following Clause—
'(1) This section shall have effect in relation to any disclosure from the Register which is authorised by provisions in sections 19 to 23.
(2) It shall be unlawful for any person who obtains information about an individual from the Register to retain copies of that information for the purpose of duplicating the Register or part of the Register.
(3) It shall be unlawful for any person who obtains information about a particular individual from the Register to disclose that information about that individual to another public authority unless an entry relating to that disclosure is recorded in the Register for that individual.
(4) It shall be unlawful for any person who obtains information about a particular individual from the Register to disclose that information about that individual to another person for his (the second person's) purpose where the other person is not authorised to obtain that information directly from the Register.
(5) The term "connected with" shall not be construed as meaning that the connection with a particular event is remote or unlikely, but to the contrary, that the connection with an event is significant or that failure to obtain the information from the Register could prejudice an investigation into that event.
(6) The phrase "in the interests of national security" shall be construed as meaning that failure to obtain the information from the Register would cause prejudice to the objective of safeguarding national security.
(7) Any person who obtains information from the Register shall take all reasonable steps to ensure that any obtaining, use or disclosure of the information is consistent with the requirements of the Human Rights Act 1998 (c. 42).'.

    Application of Freedom of Information Act

Patrick Mercer
Mr Humfrey Malins
Mr Geoffrey Clifton-Brown

Not moved      NC2

 To move the following Clause—
'(1) The following provisions shall have effect in relation to reports and information which have been prepared in relation to this Act.
(2) The Commissioner is a public authority under the Freedom of Information Act 2000 (c. 36).
(3) In relation to requests for information to the Commissioner under the Freedom of Information Act 2000, the exemptions in sections 35 (formulation of Government policy) and 36 (prejudice to effective conduct by public affairs) of that Act cannot be applied.
(4) In relation to requests for information to the Commissioner under the Freedom of Information Act 2000, any exemption which was considered subject to the provisions in section 23 (national security) shall instead be treated as if the exemption were subject to section 24 (national security) of that Act.'.
 Bill, as amended, to be reported.

 
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28 January 2005