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Wednesday 7th February 2007

Public Bill Committee

      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus 8

Freedom of Information (Amendment) Bill

David Maclean


Clause 1, page 1, line 3, leave out subsections (2) and (3) and insert—

      ‘(2) In Part 1 of Schedule 1 (public authorities) omit paragraphs 2 and 3 (which relate to the House of Commons and House of Lords).

      (3) After section 34 insert—

    34A Communications with members of the House of Commons

      (1) Information is exempt information if it is held only by virtue of being contained in any communication between a member of the House of Commons, acting in his capacity as such, and a public authority.

      (2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority to which the request is made would be) exempt information by virtue of subsection (1).’.

      (4) In section 63 (removal of exemptions: historical records generally), in subsection (1), after “33”, insert “34A,”.

      (5) Omit the following—

        (a) section 2(3)(e),

        (b) section 36(5)(d) and (e) and (7), and

        (c) in section 81(4), the words “on behalf of either House of Parliament or”.’.

David Maclean


Clause 2, page 1, line 15, at end insert—

      ‘(2A) This Act does not apply in relation to any request for information which is made to a public authority before the Act comes into force.

      (2B) In subsection (2A) “request for information” and “public authority” have the same meaning as in the Freedom of Information Act 2000.’.

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