House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Inquiries Bill [HL]

Inquiries Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 13th December 2004, as follows—

Clauses 10 to 44
Schedule 1
Clause 45
Schedule 2
Clause 46
Schedule 3
Clauses 47 to 50

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 10

 

THE LORD KINGSLAND

20Page 4, line 13, at end insert "after consultation with the chairman"
 

THE LORD HOWE OF ABERAVON
THE LORD KINGSLAND

21Page 4, line 19, leave out subsection (4) and insert—
"(4)  In deciding whether or not it is in the public interest to appoint an assessor, the chairman must have regard to the need—
(a)  to ensure that the panel has available to it the necessary expertise to undertake the inquiry;
(b)  to avoid incurring unreasonable cost."
 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

22Page 4, line 20, leave out ", having regard in particular to the cost"
 

Clause 11

 

THE LORD KINGSLAND

23Page 5, line 11, leave out "consult" and insert "secure the agreement of"
 

Clause 12

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

24Page 5, line 27, at end insert—
"(1A)  The Minister shall lay a notice under subsection (1) before both Houses of Parliament, together with a statement of reason for the suspension of an inquiry.
(1B)  The suspension of an inquiry under subsection (1) shall be for no longer than six months.
(1C)  The Minister may by order renew the provisions under subsection (1) for such a period or periods as appears to him to be necessary, but for no longer than six months at a time."
 

THE LORD KINGSLAND

25Page 5, line 27, at end insert—
"(   )  In exercising the power under subsection (1), the Minister must—
(a)  seek the consent of the chairman to suspend the inquiry, and
(b)  set out the reasons for suspending the inquiry in a statement published in both Houses of Parliament."
 

Clause 13

 

THE LORD KINGSLAND

26Page 6, line 5, at end insert "after consulting with, and securing the agreement of, the chairman"
 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

27Page 6, line 7, at end insert—
"(   )  The Minister shall lay the terms of the notice before each House of Parliament, together with a statement of reason for terminating the inquiry."
 

Clause 14

 

THE LORD KINGSLAND

 The Lord Kingsland gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill.
 

Clause 15

 

THE LORD KINGSLAND

 The Lord Kingsland gives notice of his intention to oppose the Question that Clause 15 stand part of the Bill.
 

Clause 16

 

THE LORD HOWE OF ABERAVON
THE LORD KINGSLAND

28Page 7, line 20, after first "to" insert—
"(a)"  
 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

29Page 7, line 20, leave out "unnecessary" and insert "excessive"
 

THE LORD HOWE OF ABERAVON
THE LORD KINGSLAND

30Page 7, line 21, at end insert—
"(b)  the fact that any person or organisation who may have cause to apprehend the possibility of criticism in the course of, or as a result of, the proceedings may reasonably wish to be legally represented at the inquiry."
 

Clause 17

 

THE LORD KINGSLAND

31Page 7, line 27, leave out "either or both of the following ways" and insert "the following way"
32Page 7, line 28, leave out paragraph (a)
 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

33Page 7, line 31, at end insert—
"(   )  A restriction notice or restriction order does not deprive any person of a right under section 1 of the Freedom of Information Act 2000 (c. 36) (general right of access to information held by public authorities) to have any information contained in any evidence or documents given, produced or provided to the inquiry communicated to him."
 

THE LORD KINGSLAND

34Page 7, line 32, leave out "notice or restriction"
35Page 7, line 35, leave out "Minister or"
36Page 7, line 40, leave out "inhibit the allaying of" and insert "cause"
37Page 7, line 41, leave out "avoided or reduced" and insert "caused"
38Page 8, line 3, leave out "not"
 

THE LORD SMITH OF CLIFTON

39Page 8, line 11, leave out "national security or"
 

THE LORD KINGSLAND

40Page 8, line 12, leave out paragraph (c)
41Page 8, line 14, at end insert—
"(   )  In proceeding under this section, the chairman must start from the presumption that public access should not be restricted."
42Page 8, line 15, leave out "restriction notice or"
 

Clause 18

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

43Page 9, line 9, at end insert—
"(   )  No variation of a restriction notice or restriction order under subsection (7) may extend the operation of the restriction then in force or impose any new restriction."
 

Clause 19

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

44Page 9, line 33, at end insert—
"(   )  he should not be required to comply with such a notice because compliance would not give any material assistance to the inquiry,"
 

After Clause 19

 

THE LORD KINGSLAND

45Insert the following new Clause—
  "Article 6 rights
  Irrespective of the jurisprudence of the European Court of Human Rights, those appearing before an inquiry under this Act shall enjoy the rights conferred by Article 6 of the European Convention on Human Rights."
 

Clause 21

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

46Page 10, line 15, leave out from "in" to end of line 17 and insert "avoiding a risk of damage to the economy outweighs the public interest in the information being revealed."
 The above-named Lords give notice of their intention to oppose the Question that Clause 21 stand part of the Bill.
 

Clause 22

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

47Page 10, line 38, leave out subsection (2) and insert—
"(2)  Subsection (1) applies to an inquiry brought to an end under section 13(1)(b)."
 

Clause 23

 

THE LORD KINGSLAND

48Page 11, line 6, leave out "Minister, or the chairman if subsection (2) applies," and insert "chairman"
49Page 11, line 7, at end insert—
"(   )  Any report published under subsection (1) must be laid before both Houses of Parliament."
50Page 11, line 8, leave out subsection (2)
 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

51Page 11, line 13, at end insert "and without delay"
 

THE LORD KINGSLAND

52Page 11, line 14, leave out from "The" to "may" and insert "chairman"
53Page 11, line 18, leave out "person" and insert "chairman"
 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

54Page 11, line 19, at end insert "but subject to subsection (6A)"
 

THE LORD KINGSLAND

55Page 11, line 21, leave out "inhibit the allaying of" and insert "cause"
56Page 11, line 23, leave out "avoided or reduced" and insert "caused"
57Page 11, line 30, leave out paragraph (c)
 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

58Page 11, line 32, at end insert—
"(6A)  No material in a report shall be withheld from publication in so far as it contains information which a member of the public would have a right under section 1 of the Freedom of Information Act 2000 (c. 36) (general right of access to information held by public authorities) to have communicated to him.
(6B)  The withholding from publication of material in a report does not deprive any person of a right under section 1 of the Freedom of Information Act 2000 to have any information contained in that material communicated to him."
 

After Clause 23

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

59Insert the following new Clause—
  "Freedom of Information
(1)  Section 32 of the Freedom of Information Act 2000 (c. 36) (prejudice to effective conduct of public affairs) is amended as follows.
(2)  In subsection (2) omit the words "inquiry or" in each place.
(3)  In subsection (4) omit paragraph (c)."
 

Clause 27

 

THE LORD GLENTORAN

60Page 14, line 6, leave out paragraph (a) and insert—
"(a)  before the date on which responsibility for criminal justice and policing is devolved to the Northern Ireland Assembly, or"
 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

61Page 14, line 25, leave out subsection (7)
 

Clause 36

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

62Page 18, line 25, leave out "reasonably"
 

THE LORD KINGSLAND

63Page 18, line 29, leave out subsections (4) and (5)
 

Clause 41

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON

64Page 21, line 35, leave out paragraph (b)
 

Clause 46

 

THE LORD KINGSLAND
THE LORD GOODHART
THE LORD SMITH OF CLIFTON

65Page 23, line 9, leave out subsection (1)
 

Schedule 3

 

THE LORD GOODHART
THE LORD SMITH OF CLIFTON
THE LORD KINGSLAND

66Page 31, leave out lines 18 and 19
 

THE LORD KINGSLAND

 The Lord Kingsland gives notice of his intention to oppose the Question that Schedule 3 be the Third Schedule to the Bill.

 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2005
19 January 2005