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Session 2006-07
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Friday 18th May 2007

Consideration of Bill


      New Amendments handed in are marked thus *

Freedom of Information (Amendment) Bill


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.’.

Mr Richard Shepherd
Mark Fisher

40

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, or a member of the House of Lords, and a public authority, and

        (b) in the case of a member of the House of Commons, 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

46

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

      ‘(1) Information is only exempt information if it is contained in a communication between a Member of the House of Commons, acting in his capacity as such, and a public authority if the individual Member and the constituent or constituents directly or indirectly concerned in the matter or matters which are the subject of the communication concerned have signified express consent in writing that the information should be so exempt.’.

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.’.

Mr Richard Shepherd
Mark Fisher

41

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, or a member of the House of Lords, and a public authority, and, in the case of a member of the House of Commons,

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

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

Mr Richard Shepherd
Mark Fisher

42

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, or a member of the House of Lords, and a public authority, and

        (b) if 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

57

Page 1, line 8 [Clause 1], after ‘any’, insert ‘excluded’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

67

Page 1, line 8 [Clause 1], after ‘any’, insert ‘accessible’.

Mr Richard Shepherd
Mark Fisher

43

Page 1, line 8 [Clause 1], leave out ‘communication’ and insert ‘letter’.

Mr David Winnick
Mr Richard Shepherd
Mark Fisher

37

Page 1, line 8 [Clause 1], leave out ‘between’ and insert ‘from’.

Mr David Winnick
Mr Richard Shepherd
Mark Fisher

38

Page 1, line 9 [Clause 1], leave out ‘and’ and insert ‘to’.

Simon Hughes
Mr David Winnick
Mr Richard Shepherd
Norman Baker
Mark Fisher
Hywel Williams

74

Page 1, line 9 [Clause 1], leave out ‘public authority’ and insert ‘the Information Commissioner’.

Simon Hughes
Mr David Winnick
Mr Richard Shepherd
Norman Baker
Mark Fisher
Hywel Williams

75

Page 1, line 9 [Clause 1], leave out ‘public authority’ and insert ‘the Ministry of Justice’.

Simon Hughes
Mr David Winnick
Mr Richard Shepherd
Norman Baker
Mark Fisher
Hywel Williams

76

Page 1, line 9 [Clause 1], leave out ‘public authority’ and insert ‘the Law Officers’.

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.’.

Mr Richard Shepherd
Mark Fisher

44

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

      ‘(1A) Information is not exempt by virtue of this section if it is contained in any letter between a member of the House of Commons or House of Lords and a Government minister.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

59

Page 1, line 9 [Clause 1], at end insert ‘if or to the extent that its disclosure would identify the member concerned.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

68

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

      ‘(1A) For the purpose of section 34A, a “communication” excludes any recorded information that has been identified by a relevant person as accessible communication.

      (1B) For the purpose of subsection (1) above an “accessible communication” means a communication which can be made public (subject to any exemption in Part II the Freedom of Information Act 2000).

      (1C) For the purpose of subsection (1) above a “relevant person” means the Speaker of the House of Commons or any other Member of Parliament.

      (1D) The Secretary of State may, by order made by statutory instrument, describe the circumstances when a communication is an accessible communication.

      (1E) 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.

      (1F) No order may be made by the Secretary of State under this section unless a draft of it has been laid before the Parliament and approved by a resolution of each House.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

47

Page 1, line 10 [Clause 1], leave out ‘confirm or’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

48

Page 1, line 10 [Clause 1], leave out ‘or deny’.

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 a 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.’.

Mr David Winnick

39

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

      ‘(3) Information is not exempt by virtue of this section if it is contained in a communication between a member of the House of Commons, acting in his capacity as such, and a public authority, relating to any proposed legislation which was before either House of Parliament at the time of the communication.

      (4) In this section, “legislation” means any of the following—

        (a) a public general Act or local Act (whether passed before or after the commencement of this section), or

        (b) any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other instrument made under an Act referred to in paragraph (a).’.

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.”’.

Mr Richard Shepherd
Mark Fisher

45

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

      ‘(3) For the purposes of this section “letter” means a communication in writing, made by a member to a public authority or by a public authority to a member, but does not include—

        (a) exclusively electronic means of communication, or

        (b) a telex, telegram or facsimile transmission.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

49

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

      ‘(4) After section 35(2) (Formulation of government policy, etc.) insert—

      “(2A) For the purposes of subsection (1) information includes that information 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.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

50

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

      ‘(4) After section 36(2) (Prejudice to effective conduct of public affairs) insert—

      “(1A) For the purposes of subsection (1) information includes that information 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.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

51

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

      ‘(4) After section 37(1) (Communications with Her Majesty, etc. and honours) insert—

      “(1A) For the purposes of subsection (1) information includes that information 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.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

52

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

      ‘(4) After section 38(1) (Health and safety) insert—

      “(1A) For the purposes of subsection (1) information includes that information 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.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

53

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

      ‘(4) After section 39(1) (Environmental information) insert—

      “(1A) For the purposes of subsection (1) information includes that information 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.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

54

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

      ‘(4) After section 42(1) (Legal professional privilege) insert—

      “(1A) For the purposes of subsection (1) information includes that information 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.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

55

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

      ‘(4) After section 43 (Commercial interests) insert—

      “(2A) For the purposes of subsection (1) information includes that information 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.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

56

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

      ‘(4) After section 44 (Prohibitions on disclosure) insert—

      “(1A) For the purposes of subsection (1) information includes that information 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.”’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

58

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

      ‘(3) A communication is “excluded” for the purposes of this section if the member concerned has not consented for it to be communicated in accordance with section 1.

      (4) It shall be the duty of a public authority to whom a request has been made for information which may be exempt under subsection (1) to seek the consent of the member concerned for it to be communicated in accordance with section 1.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

60

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

      ‘(3) For the purposes of this section “communication” means a communication which was received no more than 12 months before the date on which the request for information was made.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

61

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

      ‘(3) For the purposes of this section “communication” means a communication which—

        (a) is made in writing and not by electronic means; and

        (b) includes a statement that the communication is intended to be exempt by virtue of this section.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

62

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

      ‘(3) For the purposes of this section “communication” means a communication which—

        (a) is made in electronic means and not in writing; and

        (b) includes a statement that the communication is intended to be exempt by virtue of this section.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

63

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

      ‘(3) Information is not exempt under this section if it has previously been made public by any person.’.

Simon Hughes
Mr Richard Shepherd
Mark Fisher
Hywel Williams
Norman Baker

64

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

      ‘(3) Information is not exempt under this section if it relates to the failure or alleged failure of a public authority to comply with any statutory requirement to which it is subject.’.

 
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Prepared: 18 May 2007