House of Commons
Session 2006-07
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Friday 20th April 2007

Consideration of Bill


      New Amendments handed in are marked thus *

Freedom of Information (Amendment) Bill


NEW CLAUSES

Parliamentary allowances

Mr Andrew Dismore

NC1

    To move the following Clause:—

      ‘Nothing in this Act shall prevent the annual publication in summary form of amounts of expenditure by members of the House of Commons from the parliamentary allowances made available to them exclusively for their parliamentary duties in such format and manner as the Speaker shall direct.’.


Duration of the Act

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

NC2

    To move the following Clause:—

      ‘(1) The provisions of this Act expire at the end of the period of 12 months beginning with the day on which the Act is passed.

      (2) The Secretary of State may, by order made by statutory instrument, provide that the provisions of this Act are to continue in force after that time for a period not exceeding one year.

      (3) Before making an order under this section the Secretary of State must consult—

        (a) the Information Commissioner,

        (b) the House of Commons Commission, and

        (c) any other individuals or organisations he considers appropriate.

      (4) No order may be made by the Secretary of State under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.’.


Commencement and consultation

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

NC3

    To move the following Clause:—

      ‘(1) This Act shall come into force at such a time as may be specified by order made by the Secretary of State by statutory instrument.

      (2) Before making an order under this section the Secretary of State must consult—

        (a) the Information Commissioner,

        (b) the House of Commons Commission,

        (c) the Clerk of the House of Commons, and

        (d) the Clerk of the Parliaments.

      (3) No order may be made by the Secretary of State under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.’.


Rights of access

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

NC4

    To move the following Clause:—

      ‘(1) This Act shall not come into force until the House of Commons and the House of Lords have adopted and published binding internal regulations that grant a right of access to information held by them equivalent or superior to the right of enjoyed by the public under the Freedom of Information Act prior to the enactment of the Freedom of Information (Amendment) Act 2007.

      (2) The Information Commissioner and Information Tribunal shall have enforcement powers over the regulations adopted pursuant to subsection (1), in accordance with Parts II-V and VIII of the Freedom of Information Act 2000.’.


Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

7

Page 1, line 3 [Clause 1], leave out subsection (2) and insert ‘In Part 1 of Schedule 1 (public authorities) insert—

“3A The House of Commons and the House of Lords are considered public authorities for the purpose of this Act only insofar as the information they hold is relevant to their functioning, the functioning of any other public authority, is necessary for the enforcement of a public or private right or insofar as they hold information whose disclosure is otherwise in the public interest.

3B All information held by the House of Commons and the House of Lords shall be presumed relevant to their functioning, the functioning of any other public authority, necessary for the enforcement of a public or private right or otherwise of public interest unless it is shown that it is not.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

9

Page 1, line 3 [Clause 1], leave out subsection (2) and insert—

‘2 In Part 1 of Schedule 1 (public authorities) after “House of Commons”, insert “but in relation to the House of Commons only in relation to information concerning the expenditure of any member of that House in execution of their public duties”.

2A In Part 1 of Schedule 1 (public authorities) after “House of Lords”, insert “but in relation to the House of Lords only in relation to the information concerning the expenditure of any member that House in execution of their public duties.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

1

Page 1, line 3 [Clause 1], leave out subsection (2).

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

3

Page 1, line 3 [Clause 1], leave out ‘paragraphs 2 and 3’ and insert ‘paragraph 2’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

5

Page 1, line 3 [Clause 1], leave out ‘paragraphs 2 and 3’ and insert ‘paragraph 3’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

4

Page 1, line 4 [Clause 1], leave out ‘relate to the House of Commons and the House of Lords’ and insert ‘relates to the House of Commons’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

6

Page 1, line 4 [Clause 1], leave out ‘relate to the House of Commons and’ and insert ‘relates to’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

2

Page 1, line 5 [Clause 1], leave out subsection (3).

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

13

Page 1 [Clause 1], leave out lines 7 to 12 and insert—

      ‘(1) Section 1(1) shall not apply to any information which 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 unless the authority has—

        (a) notified the member that it has received a request for that information,

        (b) invited the member to inform it if in the member’s opinion any of the information is exempt information and of the reasons for that opinion,

        (c) allowed a period of not less than 10 working days for the member to do so, and

        (d) considered any such opinion.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

14

Page 1 [Clause 1], leave out lines 7 to 12 and insert—

      ‘(1) For the purposes of section 41(1), information which—

        (a) is held only by virtue of being contained in a communication between a member of the House of Commons, acting in his capacity as such, and a public authority, and

        (b) consists of information relating to the personal affairs of a constituent of that member

      shall, unless the contrary is indicated, be deemed to have been communicated in circumstances importing an obligation of confidence.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

10

Page 1, line 7 [Clause 1], leave out from beginning to end of line 9 and insert—

      ‘(1) Information is exempt information if—

        (a) 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, and

        (b) it consists of personal data relating to a constituent of that Member, and

        (c) the constituent has not consented to its disclosure.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

11

Page 1, line 7 [Clause 1], leave out from beginning to end of line 9 and insert—

      ‘(1) Information is exempt information if—

        (a) 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, and

        (b) it consists of—

          (i) personal data relating to an individual in connection with whom the member has made representations or enquiries and the individual has not consented to its disclosure, or

          (ii) information relating to the personal affairs of a deceased individual.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

8

Page 1, line 9 [Clause 1], after ‘authority’, insert ‘unless there is a public interest in the disclosure of that information’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

12

Page 1, line 9 [Clause 1], at end insert ‘, except insofar as it relates to any representations which the member has made to the authority in connection with—

        (a) any matter of policy which it has adopted or may adopt, or

        (b) any decision which it has taken or may take other than a decision expressed in terms which affect only the personal affairs of a particular individual or individuals.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

22

Page 1, line 9 [Clause 1], at end insert ‘but does not apply to any communication made by the member on behalf of any organisation or any response by the authority to such a communication.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

23

Page 1, line 9 [Clause 1], at end insert—

      ‘(1A) Information is not exempt by virtue of this section if it is contained in a communication from or to a member acting on behalf of any person or organisation from whom the member receives any remuneration or benefit, whether or not recorded in the Register of Members’ Interests.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

24

Page 1, line 9 [Clause 1], at end insert—

      ‘(1A) Information is not exempt by virtue of this section if it is—

        (a) contained in a communication made to or received from a public authority from whom the member receives any remuneration or benefit, and

        (b) relates to that remuneration or benefit whether or not the remuneration or benefit is recorded in the Register of Members’ Interests.’

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

15

Page 1, line 12 [Clause 1], at end insert—

      ‘(3A) After section 45(2)(c) insert—

        “(ca) consultation with Members of Parliament in connection with requests for information contained in their communication with public authorities.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

25

Page 1, line 12 [Clause 1], at end insert—

      ‘(3) For the purposes of this section “communication” means a communication in writing, or by electronic means, made by a member to a public authority or by a public authority to a member but does not include a record of meeting, or of a conversation, between a member and a person or persons acting on behalf of the public authority.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

26

Page 1, line 12 [Clause 1], at end insert—

      ‘(3) This section does not apply to any communication made before the Act comes into force.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

16

Page 1, line 13 [Clause 1], leave out subsection (4) and insert—

      ‘(4) After section 63(1) insert—

      “(1A) Information contained in a historical record cannot be exempt information by virtue of section 34A except insofar as it consists of personal data information relating to the personal affairs of a living individual who can be identified from that record or from that record and other information which is in the possession of, or is likely to come into the possession of, the public authority.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

27

Page 1, line 18 [Clause 1], at end add—

      ‘(6) This Act does not apply to any request for information which it is in the public interest to disclose.’.


Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

18

Page 2, line 3 [Clause 2], leave out paragraph (2) and insert—

      ‘(2) This Act shall come into force on such day as may be appointed by the Secretary of State by an order made by statutory instrument.

      (2A) An order made under subsection (2) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

29

Page 2, line 3 [Clause 2], leave out subsection (2).

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

17

Page 2, line 3 [Clause 2], leave out ‘months’ and insert ‘years’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

30

Page 2, line 9 [Clause 2], leave out ‘Northern Ireland’ and insert—

        ‘(a) England and Wales,

        (b) Northern Ireland, and

        (c) Scotland, subject to the provisions of the Freedom of Information (Scotland) Act 2002 (asp 13).’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

31

Page 2, line 9 [Clause 2], after ‘Northern Ireland’, insert ‘but does not extend to Wales.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

19

Page 2, line 9 [Clause 2], at end add—

      ‘(6) This Act may be extended in relation to any communications with any person resident in Guernsey, Jersey or the Isle of Man by agreement of The States of Guernsey, The States of Jersey and the Tynwald.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

20

Page 2, line 9 [Clause 2], at end add—

      ‘(6) This Act shall only apply to constituencies where the Member of Parliament at the previous election was elected with more than 50 per cent. of the registered electors voting for them.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

21

Page 2, line 9 [Clause 2], at end add—

      ‘(6) This Act shall remain in force only for as long as the parliamentary constituency boundaries in use at the date of the enactment of this Act remain in force.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

28

Page 2, line 9 [Clause 2], at end add—

      ‘(6) This Act shall not apply to any information contained in any communication which responds to any communication or enquiry commenced before this Act comes into force.’.


Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

32

Title, line 1, leave out ‘exempt from its provisions’ and insert ‘to provide for certain exemptions from its provisions for’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

33

Title, line 2, leave out ‘the House of Commons and House of Lords and’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

34

Title, line 2, leave out ‘the House of Commons’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

35

Title, line 2, leave out ‘the House of Lords’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

36

Title, line 2, after second ‘and’, insert ‘certain’.


 
 
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© Parliamentary copyright 2007
Prepared: 20 April 2007