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Application of Freedom of Information Act



'(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 (information relating to bodies dealing with security matters) shall instead be treated as if the exemption were subject to section 24 (national security) of that Act.'.—[Mr. Malins.]

Brought up, and read the First time.

Mr. Malins: I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker: With this it will be convenient to discuss the following: Amendment No. 20, in clause 24, page 21, line 15, leave out third 'and'.

Amendment No. 21, in clause 24, page 21, line 16, at end insert



'and



(e)   the workings of the Identity Card Scheme and the Register including complaints made to him in relation thereto.'.

Amendment No. 15, in page 21, line 17, leave out from 'Commissioner' to end of line 33 and insert



'include general policy matters, but do not include—



(a)   the exercise of powers which under this Act are exercisable by statutory instrument or by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I.12)) unless any particular case affected by these powers or rules raises a concern of substantial public interest;



(b)   the imposition of civil penalties, objections to such penalties or appeals against them, unless a particular penalty, objection or appeal raises a concern of substantial public interest;



(c)   the operation of so much of this Act or of any subordinate legislation as imposes or relates to criminal offences in any particular case, unless a particular case raises a concern of substantial public interest;



(d)   the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government
 
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Communications Headquarters in any particular case, unless the provision of information in any particular case raises a concern of substantial public interest; or



(e)   the provision to another member of the intelligence services, in accordance with regulations under section 23(5), of information that may be provided to that Director-General, Chief or Director in any particular case, unless the provision of information in any particular case raises a concern of substantial public interest.'.

Amendment No. 23, in clause 24, page 21, line 18, leave out paragraphs (a) to (c).

Amendment No. 16, in page 21, line 33, at end insert—



'(3A)   'The Commissioner may, where appropriate—



(a)   before undertaking a review which includes the policy towards the provision of information to the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government Communications Headquarters, liaise with the Intelligence Services Commissioner with a view to referring responsibility for that review to that Commissioner, or



(b)   liaise with the Information Commissioner in relation to any processing of personal data.'.

Amendment No. 24, in clause 24, page 21, line 45, at end insert



'to a maximum of ten members of staff'.

Government Amendment No. 56

Amendment No. 17, in clause 24, page 21, line 46, after 'section', insert—



'"Information Commissioner" means the Commissioner established by the Data Protection Act 1998 (c. 29);'.

Amendment No. 18, in clause 24, page 21, line 47, at end insert—



'"personal data" has the same meaning as in section 1 of the Data Protection Act 1998 (c. 29).'.

Amendment No. 26, in clause 25, page 22, line 3, leave out from 'must' to 'about' and insert



'lay before each House of Parliament a general report'.

Amendment No. 27, in clause 25, page 22, line 5, leave out subsections (2) to (5) and insert—



'(2)   The Commissioner may also, at any time, lay before each House of Parliament such other reports on any matter relating to the carrying out of those functions as the Commissioner thinks fit.'.

Amendment No. 28, in clause 25, page 22, line 5, leave out subsection (2).

Amendment No. 29, in clause 25, page 22, line 8, leave out subsection (3).

Amendment No. 35, in clause 25, page 22, line 8, leave out 'annual'.

Amendment No. 36, in clause 25, page 22, line 9, at end insert 'and (2)'.

Amendment No. 38, in clause 25, page 22, leave out lines 12 to 15 and insert



'would cause substantial harm to the public interest'.

Amendment No. 37, in clause 25, page 22, line 12, leave out from 'security' to end of line 15.

Amendment No. 39, in clause 25, page 22, line 12, at end insert 'serious'.


 
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Amendment No. 40, in clause 25, page 22, line 13, leave out from 'crime' to 'or' in line 14.

Amendment No. 25, in clause 25, page 22, line 14, leave out from 'authority' to end of line 15.

Lynne Jones: On a point of order, Mr. Deputy Speaker. I want to make it clear that the letter in response to questions from the Joint Committee on Human Rights was available in the Vote Office, but that the staff there did not seem to understand that that was what was being requested. However, the Committee asked for a reply by 7 February and said that it would consider the response and report back. There has been no opportunity for the Committee to report back on the Government's response.

Mr. Deputy Speaker: That is not really a matter for the Chair, but the point made by the hon. Lady is now on the record.

Mr. Malins: Further to that point of order, Mr. Deputy Speaker. May I ask you to indicate—or the Minister, through you—what opportunity it is felt that hon. Members have to consider their response to the Joint Committee report before we continue our debate?

Mr. Deputy Speaker: That is not a point of order for the Chair at this stage. All the official documents necessary for dealing with the debate should, of course, be available to the House. That matter has been raised before, and I trust that the documents have been made available.


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