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Lord Bassam of Brighton: I am reminded that an authority cannot negligently disclose information when it is purposely disclosing such information. However, I am also advised that an authority can be doing something with malice. That is the point. I believe that the noble Lord has failed to follow part of the argument. That is what I said earlier. I made it clear that the substantial negligence featured in the noble Lord's argument could not be applied to the law of tort in the way he suggested. Perhaps the noble Lord should study what has been said and reflect upon it.
Lord Lucas: Given the lack of any look of fear in the eyes of the Chief Whip, perhaps I should agree to do that. However, I should be most grateful if the noble Lord would write to me giving me an example of a circumstance under which a local authority might--
Lord Bassam of Brighton: Of course, the noble Lord knows that I am always more than happy to engage in correspondence with him, especially if it would save us endless hours of dancing on the head of a pin.
Lord Lucas: Perhaps the Minister could give me an example of how the mention of "malice" in Clause 77 would act in an actual, practical circumstance; in other words, how malice could apply in such circumstances. I beg leave to withdraw my amendment.
Amendment, by leave, withdrawn.
Clauses 77, as amended, agreed to.
Clause 79 [Application to government departments, etc.]:
Lord Falconer of Thoroton moved Amendments Nos. 350 and 351:
- Page 39, line 39, leave out subsection (1) and insert--
Clause 79, as amended, agreed.
Clause 80 [Orders and regulations]:
Lord Falconer of Thoroton moved Amendments Nos. 352 to 354:
Clause 80, as amended, agreed to.
Lord Falconer of Thoroton moved Amendment No. 355:
("(1) For the purposes of this Act each government department is to be treated as a person separate from any other government department.
(1A) Subsection (1) does not enable--
(a) a government department which is not a Northern Ireland department to claim for the purposes of section 39(1)(b) that the disclosure of any information by it would constitute a breach of confidence actionable by any other government department (not being a Northern Ireland department), or
(b) a Northern Ireland department to claim for those purposes that the disclosure of information by it would constitute a breach of confidence actionable by any other Northern Ireland department.").
Page 40, line 7, leave out subsection (4).
On Question, amendments agreed to.
Page 40, line 13, after ("(7),") insert (" 52(1)(a)(iii)").
Page 40, line 13, leave out (" 43(1) or (2)").
Page 40, line 14, at end insert ("or 73(3)").
On Question, amendments agreed to.
After Clause 80, insert the following new clause--
(" .--(1) In this Act "Welsh public authority" means--
(a) any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are exercisable only or mainly in or as regards Wales, other than an excluded authority, or
(b) any public authority which is an Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998.
(2) In paragraph (a) of subsection (1) "excluded authority" means a public authority which is designated by the Secretary of State by order as an excluded authority for the purposes of that paragraph.
(3) Before making an order under subsection (2), the Secretary of State shall consult the National Assembly for Wales.").
On Question, amendment agreed to.
Lord Falconer of Thoroton moved Amendment No. 356:
On Question, amendment agreed to.
[Amendment No. 357 had been withdrawn from the Marshalled List.]
Lord Falconer of Thoroton moved Amendment No. 357A:
The noble and learned Lord said: This amendment, and Amendments Nos. 363A and 364A are also necessary in order to correct technical deficiencies. The
Lord Lucas: I only wish that the noble Lord, Lord Bassam, had been in a position to receive that sort of advice in relation to the RIP Bill.
On Question, amendment agreed to.
Lord Falconer of Thoroton moved Amendments Nos. 358 to 36O:
On Question, amendments agreed to.
[Amendment No. 361 not moved.]
Lord Falconer of Thoroton moved Amendment No. 362:
On Question, amendment agreed to.
[Amendment No. 363 had been withdrawn from the Marshalled List.]
Lord Falconer of Thoroton moved Amendment No. 363A
On Question, amendment agreed to.
[Amendment No. 364 had been withdrawn from the Marshalled List.]
Lord Falconer of Thoroton moved Amendments Nos. 364A and 365:
On Question, amendments agreed to.
Clause 81, as amended, agreed to.
Lord Falconer of Thoroton moved Amendment No. 366:
Page 40, line 34, at end insert--
(""appropriate Northern Ireland Minister" means the Northern Ireland Minister in charge of the Department of Culture, Arts and Leisure in Northern Ireland").
Page 40, line 34, at end insert--
(""appropriate records authority", in relation to a transferred public record, has the meaning given by section (Special provisions relating to public records transferred to Public Record Office, etc)(5);").
Page 40, line 38, leave out (" 1(4)") and insert (" 1(8)").
Page 40, line 41, at end insert--
(""executive committee", in relation to the National Assembly for Wales, has the same meaning as in the Government of Wales Act 1998;").
Page 41, line 16, at end insert--
(""Northern Ireland public authority" means any public authority, other than the Northern Ireland Assembly or a Northern Ireland department, whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters;").
Page 41, line 19, at end insert--
(""public record" means a public record within the meaning of the Public Records Act 1958 or a public record to which the Public Records Act (Northern Ireland) 1923 applies;").
Page 41, line 21, at end insert--
(""responsible authority", in relation to a transferred public record, has the meaning given by section (Special provisions relating to public records transferred to Public Record Office, etc)(5);").
Page 41, line 31, at end insert--
(""transferred public record" has the meaning given by section (Special provisions relating to public records transferred to Public Record Office, etc)(4);").
Page 41, line 32, at end insert--
(""Welsh public authority" has the meaning given by section (Meaning of "Welsh public authority");").
Before Schedule 7, insert the following new schedule--
1. At the end of section 11 of the Parliamentary Commissioner Act 1967 (provision for secrecy of information) there is inserted--
"(5) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen)(1) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) of this section as obtained for the purposes of an investigation under this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."
2. After section 11A of that Act there is inserted--
"Disclosure of information by Parliamentary Commissioner to Information Commissioner.
11AA.--(1) The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to--
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by--
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under--
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section."
3. In section 32 of the Local Government Act 1974 (law of defamation, and disclosure of information) after subsection (6) there is inserted--
"(7) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."
4. After section 33 of that Act there is inserted--
"Disclosure of information by Local Commissioner to Information Commissioner.
33A.--(1) A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to--
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by--
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under--
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section."
5. At the end of section 15 of the Health Service Commissioners Act 1993 (confidentiality of information) there is inserted--
"(4) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."
6. After section 18 of that Act there is inserted--
"Disclosure of information to Information Commissioner.
18A.--(1) The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to--
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by--
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under--
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(3) Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section."
7. In Schedule 9 to the Government of Wales Act 1998 (the Welsh Administration Ombudsman), at the end of paragraph 25 (confidentiality of information) there is inserted--
"(5) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of sub-paragraph (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."
8. After paragraph 27 of that Schedule there is inserted--
"Disclosure of information to Information Commissioner
28.--(1) The Welsh Administration Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Welsh Administration Ombudsman under or for the purposes of this Schedule if the information appears to the Welsh Administration Ombudsman to relate to--
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by--
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under--
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in paragraph 25(1) applies in relation to the disclosure of information in accordance with this paragraph."
9. At the end of Article 21 of the Commissioner for Complaints (Northern Ireland) Order 1996 (disclosure of information by Commissioner) there is inserted--
"(5) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation."
10. After that Article there is inserted--
"Disclosure of information to Information Commissioner
21A.--(1) The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Order if the information appears to the Commissioner to relate to--
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by--
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under--
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in Article 21(1) applies in relation to the disclosure of information in accordance with this Article."
11. At the end of Article 19 of the Ombudsman (Northern Ireland) Order 1996 there is inserted--
"(5) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation."
12. After that Article there is inserted--
"Disclosure of information to Information Commissioner
19A.--(1) The Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Ombudsman under or for the purposes of this Order if the information appears to the Ombudsman to relate to--
(a) a matter in respect of which the Information Commissioner could exercise any power conferred by--
(i) Part V of the Data Protection Act 1998 (enforcement),
(ii) section 47 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part IV of that Act (enforcement), or
(b) the commission of an offence under--
(i) any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
(ii) section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
(2) Nothing in Article 19(1) applies in relation to the disclosure of information in accordance with this Article."
13. In section 30 of the Local Government (Scotland) Act 1975 (limitation on disclosure of information), after subsection (5) there is inserted--
"(5A) Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in subsection (2)(a) to the investigation shall have effect as a reference to any investigation."").
On Question, amendment agreed to.
Clause 84 [Commencement]:
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