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Amendments to the Freedom of Information Bill

Freedom of Information Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Freedom of Information Bill to be moved in Committee in the House of Lords.

  
Before Clause 1
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     Insert the following new Clause-- 
     ("  .--(1)  The purposes of this Act are to extend progressively the right of the public to information held by public authorities to the maximum extent possible, consistent with the need to protect interests specified in exemptions, so as to promote--
    (a)  the accountability of public authorities,
    (b)  informed public debate on public affairs,
    (c)  public participation in the making of decisions, and
    (d)  public understanding of the powers, duties and operation of public authorities.
    (2)  This Act shall be interpreted so as to further the purposes specified in subsection (1) and to encourage the disclosure of information promptly and at the lowest reasonable cost.")
Purposes of this Act. No. 2.
  
Clause 1
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
     Page 2, leave out lines 9 to 12 
  
After Clause 1
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
     Insert the following new Clause-- 
     ("  .--(1)  A public authority which has identified a record which contains or may contain information which is the subject of a request under section 1 shall take all reasonable steps to protect the record from alteration or destruction until the request has been finally determined.
 
    (2)  For the purpose of this section a request has been finally determined when--
    (a)  all the information which has been requested and which is, or may be, contained in the record has been communicated to the applicant; or
    (b)  the period during which the applicant would be entitled to take any of the steps referred to in subsection (3) in relation to that request has expired.
    (3)  The steps referred to in subsection (2)(b) are--
    (a)  the making of a complaint to the authority under any complaints procedure which is provided by the authority in conformity with the requirements of the code of practice under section 44,
    (b)  the making of a complaint to the Commissioner in accordance with section 49(1),
    (c)  the making of an appeal to the Tribunal in accordance with section 56(1),
    (d)  the making of an appeal to the appropriate court under section 58, or
    (e)  the seeking of judicial review of any decision relating to the issue of any certificate under sections 21(2), 22(3), 32(3), 34(6) or 52(1).")
Protection of records.
  
Clause 9
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     Page 5, line 28, leave out ("section 1(1)") and insert ("sections 1(1) and 13") 
  
Clause 13
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
     Page 7, line 37, leave out from ("arise") to end of line 42 and insert (",  the public authority shall inform the applicant whether it holds the information unless it appears to the authority that, in all the circumstances of the case, the public interest in maintaining the exemption in question outweighs the public interest in disclosing the fact that the authority does or does not hold information of the description specified in the request.") 
     Page 8, line 5, leave out subsection (5) 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     Page 8, line 10, leave out subsection (6) 
  
Clause 21
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
     Page 12, line 12, at end insert (",  and its disclosure would prejudice the functions of any of those bodies") 
  
Clause 34
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     Page 19, line 23, leave out (", in the reasonable opinion of a qualified person,") 
     Page 19, line 39, leave out (", in the reasonable opinion of a qualified person,") 
  
Clause 43
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill. 
  
Clause 49
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     Page 27, line 8, at end insert ("or
    (  )  whether a public authority has incorrectly exercised its discretion under section 13(3) in refusing to inform an applicant whether it holds information, or under section 13(4) in refusing to communicate information to an applicant.
    (1A)  For the purpose of this Part a public authority shall be treated as having incorrectly exercised its discretion under section 13(3) or (4) if the Commissioner decides that he would have exercised that discretion differently, and in such a case the Commissioner shall substitute his own discretion for that of the public authority.")
 
     Page 27, line 26, after ("1(1),") insert--
    ("(  )  has incorrectly exercised a discretion under section 13,")
 
  
Clause 51
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     Page 28, line 45, after ("I") insert ("or has incorrectly exercised a discretion under section 13") 
     Page 29, line 3, at end insert ("or for giving effect to the exercise of the Commissioner's discretion as substituted for that of the authority under section 49(1A)") 
     Page 29, line 7, leave out ("and
    (b)  ") and insert--
    ("  (  )  a statement that the Commissioner is satisfied that the authority has incorrectly exercised a discretion under section 13 and his reasons for reaching that conclusion
and, in either case,")
 
  
Schedule 2
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     Page 60, line 42, leave out paragraph 19 
 
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