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| Freedom of Information (Amendment) Bill
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| Page 1, line 5 [Clause 1], leave out subsection (3). |
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| Page 1 [Clause 1], leave out lines 7 to 12 and insert— |
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| | ‘(1) | Section 1(1) shall not apply to any information which is held only by virtue of |
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| | being contained in any communication between a member of the House of |
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| | Commons, acting in his capacity as such, and a public authority unless the |
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| | (a) | notified the member that it has received a request for that information, |
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| | (b) | invited the member to inform it if in the member’s opinion any of the |
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| | information is exempt information and of the reasons for that opinion, |
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| | (c) | allowed a period of not less than 10 working days for the member to do |
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| | (d) | considered any such opinion.’. |
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| Page 1 [Clause 1], leave out lines 7 to 12 and insert— |
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| | ‘(1) | For the purposes of section 41(1), information which— |
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| | (a) | is held only by virtue of being contained in a communication between a |
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| | member of the House of Commons, acting in his capacity as such, and a |
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| | (b) | consists of information relating to the personal affairs of a constituent of |
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| | | shall, unless the contrary is indicated, be deemed to have been communicated in |
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| | circumstances importing an obligation of confidence.’. |
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| Page 1 [Clause 1], leave out lines 7 to 12 and insert— |
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| | ‘(1) | For the purposes of section 41(1), information which— |
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| | (a) | is held only by virtue of being contained in a communication between a |
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| | member of the House of Commons, acting in his capacity as such, or a |
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| | member of the House of Lords, and a public authority, and |
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| | (b) | in the case of a member of the House of Commons, consists of |
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| | information relating to the personal affairs of a constituent of that |
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| | | shall, unless the contrary is indicated, be deemed to have been communicated in |
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| | circumstances importing an obligation of confidence.’. |
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| Page 1 [Clause 1], leave out lines 7 to 12 and insert— |
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| | ‘(1) | Information is only exempt information if it is contained in a communication |
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| | between a Member of the House of Commons, acting in his capacity as such, and |
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| | a public authority if the individual Member and the constituent or constituents |
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| | directly or indirectly concerned in the matter or matters which are the subject of |
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| | the communication concerned have signified express consent in writing that the |
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| | information should be so exempt.’. |
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| Page 1, line 7 [Clause 1], leave out from beginning to end of line 9 and insert— |
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| | ‘(1) | Information is exempt information if— |
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| | (a) | it is held only by virtue of being contained in any communication |
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| | between a member of the House of Commons, acting in his capacity as |
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| | such, and a public authority, and |
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| | (b) | it consists of personal data relating to a constituent of that member, and |
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| | (c) | the constituent has not consented to its disclosure.’. |
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| Page 1, line 7 [Clause 1], leave out from beginning to end of line 9 and insert— |
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| | ‘(1) | Information is exempt information if— |
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| | (a) | it is held only by virtue of being contained in any communication |
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| | between a member of the House of Commons, acting in his capacity as |
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| | such, and a public authority, and |
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| | (i) | personal data relating to an individual in connection with whom |
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| | the member has made representations or enquiries and the |
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| | individual has not consented to its disclosure, or |
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| | (ii) | information relating to the personal affairs of a deceased |
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| Page 1, line 7 [Clause 1], leave out from beginning to end of line 9 and insert— |
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| | ‘(1) | Information is exempt information if— |
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| | (a) | it is held only by virtue of being contained in any communication |
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| | between a member of the House of Commons, acting in his capacity as |
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| | such, or a member of the House of Lords, and a public authority, and, in |
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| | the case of a member of the House of Commons, |
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| | (b) | it consists of personal data relating to a constituent of that member, and |
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| | (c) | the constituent has not consented to its disclosure.’. |
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| Page 1, line 7 [Clause 1], leave out from beginning to end of line 9 and insert— |
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| | ‘(1) | Information is exempt information if— |
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| | (a) | it is held only by virtue of being contained in any communication |
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| | between a member of the House of Commons, acting in his capacity as |
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| | such, or a member of the House of Lords, and a public authority, and |
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| | (i) | personal data relating to an individual in connection with whom |
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| | the member has made representations or enquiries and the |
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| | individual has not consented to its disclosure, or |
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| | (ii) | information relating to the personal affairs of a deceased |
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| Page 1, line 8 [Clause 1], after ‘any’, insert ‘excluded’. |
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| Page 1, line 8 [Clause 1], after ‘any’, insert ‘accessible’. |
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| Page 1, line 8 [Clause 1], leave out ‘communication’ and insert ‘letter’. |
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| Page 1, line 8 [Clause 1], leave out ‘between’ and insert ‘from’. |
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| Page 1, line 9 [Clause 1], leave out ‘and’ and insert ‘to’. |
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| Page 1, line 9 [Clause 1], leave out ‘public authority’ and insert ‘the Information |
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| Page 1, line 9 [Clause 1], leave out ‘public authority’ and insert ‘the Ministry of |
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| Page 1, line 9 [Clause 1], leave out ‘public authority’ and insert ‘the Law Officers’. |
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| Page 1, line 9 [Clause 1], after ‘authority’, insert ‘unless there is a public interest in |
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| the disclosure of that information’. |
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| Page 1, line 9 [Clause 1], at end insert ‘, except insofar as it relates to any |
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| representations which the member has made to the authority in connection with— |
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| | (a) | any matter of policy which it has adopted or may adopt, or |
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| | (b) | any decision which it has taken or may take other than a decision |
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| | expressed in terms which affect only the personal affairs of a particular |
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| | individual or individuals.’. |
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| Page 1, line 9 [Clause 1], at end insert ‘but does not apply to any communication |
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| made by the member on behalf of any organisation or any response by the authority to |
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| Page 1, line 9 [Clause 1], at end insert— |
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| | ‘(1A) | Information is not exempt by virtue of this section if it is contained in a |
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| | communication from or to a member acting on behalf of any person or |
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| | organisation from whom the member receives any remuneration or benefit, |
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| | whether or not recorded in the Register of Members’ Interests.’. |
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| Page 1, line 9 [Clause 1], at end insert— |
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| | ‘(1A) | Information is not exempt by virtue of this section if it is— |
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| | (a) | contained in a communication made to or received from a public |
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| | authority from whom the member receives any remuneration or benefit, |
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| | (b) | relates to that remuneration or benefit whether or not the remuneration or |
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| | benefit is recorded in the Register of Members’ Interests.’. |
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| Page 1, line 9 [Clause 1], at end insert— |
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| | ‘(1A) | Information is not exempt by virtue of this section if it is contained in any letter |
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| | between a member of the House of Commons or House of Lords and a |
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| Page 1, line 9 [Clause 1], at end insert ‘if or to the extent that its disclosure would |
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| identify the member concerned.’. |
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| Page 1, line 9 [Clause 1], at end insert— |
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| | ‘(1A) | For the purpose of section 34A, a “communication” excludes any recorded |
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| | information that has been identified by a relevant person as accessible |
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| | (1B) | For the purpose of subsection (1) above an “accessible communication” means a |
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| | communication which can be made public (subject to any exemption in Part II the |
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| | Freedom of Information Act 2000). |
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| | (1C) | For the purpose of subsection (1) above a “relevant person” means the Speaker of |
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| | the House of Commons or any other Member of Parliament. |
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| | (1D) | The Secretary of State may, by order made by statutory instrument, describe the |
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| | circumstances when a communication is an accessible communication. |
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| | (1E) | Before making an order under this section the Secretary of State must consult— |
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| | (a) | the Information Commissioner, |
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| | (b) | the House of Commons Commission, and |
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| | (c) | any other individuals or organisations he considers appropriate. |
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| | (1F) | No order may be made by the Secretary of State under this section unless a draft |
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| | of it has been laid before the Parliament and approved by a resolution of each |
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| Page 1, line 10 [Clause 1], leave out ‘confirm or’. |
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| Page 1, line 10 [Clause 1], leave out ‘or deny’. |
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| Page 1, line 12 [Clause 1], at end insert— |
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| | ‘(3) | For the purposes of this section “communication” means a communication in |
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| | writing, or by electronic means, made by a member to a public authority or by a |
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| | public authority to a member but does not include a record of a meeting, or of a |
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| | conversation, between a member and a person or persons acting on behalf of the |
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| Page 1, line 12 [Clause 1], at end insert— |
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| | ‘(3) | This section does not apply to any communication made before the Act comes |
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| Page 1, line 12 [Clause 1], at end insert— |
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| | ‘(3) | Information is not exempt by virtue of this section if it is contained in a |
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| | communication between a member of the House of Commons, acting in his |
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| | capacity as such, and a public authority, relating to any proposed legislation |
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| | which was before either House of Parliament at the time of the communication. |
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| | (4) | In this section, “legislation” means any of the following— |
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| | (a) | a public general Act or local Act (whether passed before or after the |
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| | commencement of this section), or |
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| | (b) | any Order in Council, order, rules, regulations, scheme, warrant, byelaw |
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| | or other instrument made under an Act referred to in paragraph (a).’. |
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| Page 1, line 12 [Clause 1], at end insert— |
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| | ‘(3A) | After section 45(2)(c) insert— |
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| | “(ca) | consultation with Members of Parliament in connection with requests for |
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| | information contained in their communication with public authorities.”’. |
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| Page 1, line 12 [Clause 1], at end insert— |
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| | ‘(3) | For the purposes of this section “letter” means a communication in writing, made |
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| | by a member to a public authority or by a public authority to a member, but does |
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