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'Schedule [Amendments of Freedom of Information Act 2000] (which makes amendments of the Freedom of Information Act 2000) has effect.'.- (Mr. Straw.)
Brought up, read the First and Second time, and added to the Bill.
1 The Freedom of Information Act 2000 is amended as follows.2 In section 2(3) (exemptions not subject to public interest test) after paragraph (e) insert-
"(ea) in section 37, paragraphs (a) to (ab) of subsection (1), and subsection (2) so far as relating to those paragraphs,".
3 In section 37(1) (communications with Her Majesty, etc.), for paragraph (a) substitute-"(a) communications with the Sovereign,
(aa) communications with the heir to, or the person who is for the time being second in line of succession to, the Throne,
(ab) communications with a person who has subsequently acceded to the Throne or become heir to, or second in line to, the Throne,
(ac) communications with other members of the Royal Family (other than communications which fall within any of paragraphs (a) to (ab) because they are made or received on behalf of a person falling within any of those paragraphs), and
(ad) communications with the Royal Household (other than communications which fall within any of paragraphs (a) to (ac) because they are made or received on behalf of a person falling within any of those paragraphs), or".
4 In section 62(1) (meaning of "historical record"), for "thirty years" substitute "twenty years".5 (1) Section 63 (removal of exemptions: historical records generally) is amended as follows.
(b) for "36, 37(1)(a), 42 or 43" substitute "or 42".
(b) for "36(3), 42(2) or 43(3)" substitute "or 42(2)".
(4) After subsection (2) insert-
"(2A) Information contained in a historical record cannot be exempt information by virtue of section 36 except-
(a) in a case falling within subsection (2)(a)(ii) of that section, or
(b) in a case falling within subsection (2)(c) of that section where the prejudice or likely prejudice relates to the effective conduct of public affairs in Northern Ireland.
(2B) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to have any of the effects referred to in subsection (3) of section 36, except where the effect-
(a) falls within subsection (2)(a)(ii) of that section, or
(b) falls within subsection (2)(c) of that section and relates to the effective conduct of public affairs in Northern Ireland.
(2C) Information cannot be exempt information-
(a) by virtue of section 28 or 43, or
(b) by virtue of section 36 in the excepted cases mentioned in subsection (2A),
after the end of the period of thirty years beginning with the year following that in which the record containing the information was created.(2D) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of thirty years beginning with the year following that in which the record was created, to be capable-
(a) of prejudicing any of the matters referred to in section 28(1) or 43(2), or
(b) of having any of the effects referred to in section 36(3) in the excepted cases mentioned in subsection (2B).
(2E) Information cannot be exempt information by virtue of any of paragraphs (a) to (ad) of section 37(1) after whichever is the later of-
(a) the end of the period of five years beginning with the date of the relevant death, and
(b) the end of the period of twenty years beginning with the date on which the record containing the information was created.
(2F) In subsection (2E)(a) "the relevant death" means-
(a) for the purposes of any of paragraphs (a) to (ac) of section 37(1), the death of the person referred to in the paragraph concerned, or
(b) for the purposes of section 37(1)(ad), the death of the Sovereign reigning when the record containing the information was created."
6 After section 80 insert-"80A Information held by Northern Ireland bodies
(1) This section applies to information held by-
(a) the Northern Ireland Assembly,
(b) a Northern Ireland department, or
(c) a Northern Ireland public authority.
(2) In their application to information to which this section applies, the provisions of this Act have effect subject to the following modifications.
(3) Section 2(3) (exemptions not subject to public interest test) is to be read as if paragraph (ea) were omitted.
(4) Section 37(1) (communications with Her Majesty, etc) is to be read as if for paragraphs (a) to (ad) there were substituted-
"(a) communications with the Sovereign, with other members of the Royal Family or with the Royal Household, or".
(5) Section 62(1) (meaning of "historical record") is to be read as if the reference to twenty years were a reference to thirty years.
(6) Section 63 (removal of exemptions: historical records generally) is to be read as if-
(a) in subsection (1), for the words from "section" to the end there were substituted "section 28, 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43",
(b) in subsection (2), for the words from "section" to the end there were substituted "section 28(3), 33(3), 36(3), 42(2) or 43(3)", and
(c) subsections (2A) to (2F) were omitted.".'.- (Mr. Straw.)
B rought up, read the First and Second time, and added to the Bill.
Mr. Straw: I beg to move amendment 55, page 24, line 14, at end insert-
'(6) In section 7 of that Act (information and guidance about taxation)-
(a) before subsection (1) insert-
(a) prepare guidance for members of the House of Commons about making claims under the MPs' allowances scheme;
(b) review the guidance regularly and revise it as appropriate;
(c) publish the guidance in a way the IPSA considers appropriate;
(d) provide to any member on request such further advice about making claims as the IPSA considers appropriate.", and
(b) in the heading omit "about taxation".'.
Mr. Deputy Speaker (Sir Alan Haselhurst): With this it will be convenient to discuss the following: Government amendments 56 and 58 to 63.
Amendment 91, in schedule 7, page 78, line 7, leave out 'fund' and insert 'trust scheme'.
Government amendment 64, page 78, line 9, leave out sub-paragraphs (2) to (4) and insert-
'Number and composition of trustees1A (1) The following are to be the trustees of the Fund-
(a) one person appointed by the IPSA after consulting the Minister for the Civil Service and the persons who are already trustees of the Fund,
(b) one person appointed by the Minister for the Civil Service after consulting the IPSA and the persons who are already trustees of the Fund, and
(c) 8 persons nominated and selected in accordance with arrangements under paragraph 1B ("member-nominated trustees").
(2) Paragraphs 44 and 45 make transitional provision about the trustees of the Fund.
Member-nominated trustees1B (1) The trustees of the Fund must make arrangements for the nomination and selection of member-nominated trustees.
(2) The arrangements must provide for the member-nominated trustees to be-
(a) nominated as the result of a process in which all the members of a scheme under paragraph 7 and all the members of a scheme under paragraph 11 are eligible to participate, and
(b) selected as the result of a process in which all those persons are eligible to participate.
(a) include provision for the nomination and selection process to take place within a reasonable period of any vacancy arising,
(b) include provision, where a vacancy is not filled because insufficient nominations are received, for the nomination and selection process to be repeated at reasonable intervals until the vacancy is filled, and
(c) include provision that, where the IPSA or the Minister for the Civil Service so requires, a person who is not a member of a scheme under paragraph 7 and is not a member of a scheme under paragraph 11 must have the approval of the IPSA or the Minister for the Civil Service to qualify for selection as a member-nominated trustee.
(4) The arrangements may include provision that where the number of nominations received is equal to or less than the number of vacancies, the nominees are to be treated as selected (subject to sub-paragraph (3)(c)).
Remuneration1C (1) The IPSA may provide for remuneration and allowances to be payable to the trustees of the Fund.
(2) Any such remuneration and allowances are to be paid from the assets of the Fund.
Resignation and removal of trustees1D (1) A person appointed as a trustee of the Fund by the IPSA under paragraph 1A(1)(a)-
(a) may resign by giving written notice to the IPSA, and
(b) may be removed by the IPSA after consulting the Minister for the Civil Service and all the other trustees of the Fund.
(2) A person appointed as a trustee of the Fund by the Minister for the Civil Service under paragraph 1A(1)(b)-
(a) may resign by giving written notice to the Minister for the Civil Service, and
(b) may be removed by the Minister for the Civil Service after consulting the IPSA and all the other trustees of the Fund.
(3) A person who is a member-nominated trustee-
(a) may resign by giving written notice to the other trustees of the Fund, and
(b) may be removed by all the other trustees of the Fund acting together.
Proceedings1E (1) Subject to any provision contained in a scheme under paragraph 3 because of paragraph 3(1)(c), the trustees of the Fund may determine their own procedure.
(2) The validity of any proceedings of the trustees of the Fund is not affected by-
(a) a vacancy among the trustees, or
(b) a defect in the appointment of a trustee.'.
Amendment (a) to Government amendment 64, in paragraph 1B(2)(b), after 'which', insert 'some or'.
Amendment (b) to Government amendment 64, in paragraph 1C(1), after 'may', insert
'with the consent of the Treasury'.Amendment 90, page 79, line 2, at end insert-
'(bb) the indemnification of the trustees (and former trustees) of the Fund'.
Government amendments 65 to 73.
Amendment 94, page 82, line 6, leave out 'the provision specified in paragraph 24(2)' and insert-
'(i) the provision specified in paragraph 21(1), unless with the consent of the trustees of the Fund,
(ii) the provision specified in paragraph 26, unless with the consent of the trustees of the Fund, and
(iii) the provision specified in paragraph 24(2)'.
Amendment 95, page 83, line 24, at end insert
', except the provisions specified in paragraphs 21(1) and 26 unless with the consent of the trustees of the Fund'.Amendment 93, page 84, line 16, after 'puts', insert '(or might put)'.
Government amendment 74, page 84, line 18, leave out from 'if' to end of line 28 and insert-
'(a) the trustees of the Fund consent to the new scheme making the provision, and
(b) the person making the new scheme is satisfied that the consent requirement is met.
(4) The consent requirement is met if under the new scheme the provision has effect in relation to an accrued right only with the written consent, given in accordance with sub-paragraph (4A), of-
(a) the person ("P") in respect of whose service the right has accrued, or
(b) if P is dead, the persons ("the survivors") who because of the accrued right are entitled, or may become entitled, to a pension or the benefit of any pension.
(4A) Consent is given in accordance with this sub-paragraph if it is given after the person making the scheme has given P (or the survivors)-
(a) information in writing which adequately explains the nature of the provision and its effect,
(b) notice in writing that they may make representations about the provision,
(c) an adequate opportunity to make such representations, and
(d) notice in writing that the provision has effect in relation to the accrued right only with their written consent.
(4B) Consent may be given by a person acting on behalf of P (or the survivors); and the references in sub-paragraph (4A) to P (or the survivors) include a person acting on their behalf.'.
Amendment (a) to Government amendment 74, in sub-paragraph (4)(b), leave out
'pension or the benefit of any pension' 'benefit or future benefit payable out of the Fund'.Government amendment 76, page 84, line 36, leave out sub-paragraphs (2) and (3) and insert-
'(2) "Accrued right", in relation to a provision of the new scheme, means a right or entitlement to or in respect of a pension or future pension payable out of the Fund which has accrued in respect of service before the provision comes into force.
(3) If the person in respect of whose service the right or entitlement has accrued is in service when the provision comes into force, the right or entitlement is to be determined as if the person left service immediately before then.'.
Amendment (a) to Government amendment 76, after 'means a right', insert '(including a contingent right)'.
Amendment (b) to Government amendment 76, leave out
'a pension or future pension' 'a benefit or future benefits'.Amendment (c) to Government amendment 76, leave out sub-paragraph (3).
Government amendments 77 to 79.
Government amendment 80, page 85, line 31, at end insert-
'( ) For the purposes of this Schedule "member"-
(a) in relation to a scheme under paragraph 7, means a person with service as a member of the House of Commons who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund, and
(b) in relation to a scheme under paragraph 11 , means a person with service to which that paragraph applies who, in respect of that service, has a right or entitlement under the scheme to a pension or future pension payable out of the Fund.'.
Amendment (a) to Government amendment 80, in sub-paragraph (a), leave out 'pension or future pension' and insert 'benefit or future benefits'.
Amendment (b) to Government amendment 80, in sub-paragraph (b), leave out 'pension or future pension' and insert 'benefit or future benefits'.
Amendment 92, page 85, line 40, at end insert-
'"trust scheme" has the same meaning as in section 124(1) of the Pensions Act 1995'.
Government amendments 82 to 88.
Mr. David Heath (Somerton and Frome) (LD): On a point of order, Mr. Deputy Speaker-
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