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| | | (a) | exclusively electronic means of communication, or |
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| | | (b) | a telex, telegram or facsimile transmission.’. |
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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | After section 35(2) (Formulation of government policy, etc.) insert— |
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| | | “(2A) | For the purposes of subsection (1) information includes that information |
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| | | held only by virtue of being contained in any 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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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | After section 36(2) (Prejudice to effective conduct of public affairs) insert— |
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| | | “(1A) | For the purposes of subsection (1) information includes that information |
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| | | held only by virtue of being contained in any 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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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | After section 37(1) (Communications with Her Majesty, etc. and honours) |
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| | | |
| | | “(1A) | For the purposes of subsection (1) information includes that information |
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| | | held only by virtue of being contained in any 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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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | After section 38(1) (Health and safety) insert— |
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| | | “(1A) | For the purposes of subsection (1) information includes that information |
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| | | held only by virtue of being contained in any 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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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | After section 39(1) (Environmental information) insert— |
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| | | “(1A) | For the purposes of subsection (1) information includes that information |
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| | | held only by virtue of being contained in any 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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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | After section 42(1) (Legal professional privilege) insert— |
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| | | “(1A) | For the purposes of subsection (1) information includes that information |
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| | | held only by virtue of being contained in any 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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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | After section 43 (Commercial interests) insert— |
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| | | “(2A) | For the purposes of subsection (1) information includes that information |
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| | | held only by virtue of being contained in any 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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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(4) | After section 44 (Prohibitions on disclosure) insert— |
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| | | “(1A) | For the purposes of subsection (1) information includes that information |
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| | | held only by virtue of being contained in any 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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| | Page 1, line 12 [Clause 1], at end insert— |
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| | | ‘(3) | A communication is “excluded” for the purposes of this section if the member |
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| | | concerned has not consented for it to be communicated in accordance with |
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| | | (4) | It shall be the duty of a public authority to whom a request has been made for |
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| | | information which may be exempt under subsection (1) to seek the consent of the |
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| | | member concerned for it to be communicated in accordance with section 1.’. |
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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 which |
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| | | was received no more than 12 months before the date on which the request for |
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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 |
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| | | (a) | is made in writing and not by electronic means; and |
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| | | (b) | includes a statement that the communication is intended to be exempt by |
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| | | virtue of this section.’. |
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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 |
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| | | (a) | is made in electronic means and not in writing; and |
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| | | (b) | includes a statement that the communication is intended to be exempt by |
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| | | virtue of this section.’. |
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| | Page 1, line 12 [Clause 1], at end insert — |
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| | | ‘(3) | Information is not exempt under this section if it has previously been made public |
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| | Page 1, line 12 [Clause 1], at end insert — |
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| | | ‘(3) | Information is not exempt under this section if it relates to the failure or alleged |
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| | | failure of a public authority to comply with any statutory requirement to which it |
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| | Page 1, line 12 [Clause 1], at end insert — |
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| | | ‘(3) | Information is not exempt under this section if it relates to the failure or alleged |
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| | | failure of a public authority adequately to discharge any of its functions.’. |
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| | Page 1, line 12 [Clause 1], at end insert — |
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| | | ‘(3) | This section shall cease to apply at the end of a period of five years from— |
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| | | (a) | the date on which the Act comes into force, or |
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| | | (b) | the date on which an order under this section is made unless, before that |
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| | | date, the Secretary of State by order prescribes that it shall continue to |
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| | | apply for a further period of five years. |
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| | | (4) | 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 Parliament and approved by a resolution of each House. |
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| | Page 1, line 13 [Clause 1], leave out subsection (4) and insert— |
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| | | ‘(4) | After section 63(1) insert— |
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| | | “(1A) | Information contained in a historical record cannot be exempt |
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| | | information by virtue of section 34A except insofar as it consists of |
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| | | personal data information relating to the personal affairs of a living |
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| | | individual who can be identified from that record or from that record and |
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| | | other information which is in the possession of, or is likely to come into |
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| | | the possession of, the public authority.”’. |
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| | Page 1, line 18 [Clause 1], at end add— |
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| | | ‘(6) | This Act does not apply to any request for information which it is in the public |
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| | Page 1, line 18 [Clause 1], at end add— |
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| | | ‘( ) | In section 36(5)(d) (prejudice to effective conduct of affairs), at end insert— |
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| | | “except for the purposes of section 63 when the qualified person shall be |
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| | | the Chairman of the Constitutional Affairs Select Committee”.’. |
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| | Page 1, line 18 [Clause 1], at end add— |
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| | | ‘( ) | In section 36(5)(e) (prejudice to effective conduct of affairs), at end insert— |
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| | | “except for the purposes of section 63 when the qualified person shall be |
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| | | the Chairman of the Constitution Committee of that House”.’. |
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| | Page 1, line 18 [Clause 1], at end add— |
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| | | ‘( ) | In section 81(4) (application to government departments, etc.) leave out “also” |
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| | Page 2, line 3 [Clause 2], leave out paragraph (2) and insert— |
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| | | ‘(2) | This Act shall come into force on such day as may be appointed by the Secretary |
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| | | of State by an order made by statutory instrument. |
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| | | (2A) | An order made under subsection (2) may not be made unless a draft of the order |
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| | | has been laid before, and approved by a resolution of, each House of Parliament.’. |
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| | Page 2, line 3 [Clause 2], leave out subsection (2). |
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| | Page 2, line 3 [Clause 2], after ‘force’, insert ‘in Northern Ireland.’ |
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| | Page 2, line 3 [Clause 2], leave out ‘months’ and insert ‘years’. |
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| | Page 2, line 4 [Clause 2], at end insert ‘and in England and Wales at the end of a |
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| | period of 2 years on the day which it is passed.’. |
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| | Page 2, line 6 [Clause 2], after ‘authority’, insert ‘in England’. |
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| | Page 2, line 7 [Clause 2], leave out ‘and “public authority” have’ and insert ‘has’. |
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| | Page 2, line 8 [Clause 2], at end add ‘and “public authority” has the same meaning |
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| | as in the Freedom of Information Act 2000 Schedule 1 Part 1’. |
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| | Page 2, line 8 [Clause 2], at end insert ‘and “public authority” has the same |
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| | meaning as in the Human Rights Act 1998 (c. 42).’. |
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| | Page 2, line 9 [Clause 2], leave out ‘Northern Ireland’ and insert— |
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| | | (b) | Northern Ireland, and |
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