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Session 1999-2000
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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.

  
Clause 1
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 1, line 14, after ("sections") insert ("Effect of exemptions,") 
     Page 1, line 21, leave out subsections (4) and (5) 
     Page 2, line 15, at end insert--
 
    ("(8)  In this Act, the duty of a public authority to comply with subsection (1)(a) is referred to as "the duty to confirm or deny".")
 
  
After Clause 1
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following new Clause-- 
     ("  .--(1)  In respect of any information as respects which any provision of Part II provides that the duty to confirm or deny does not arise, section 1(1)(a) does not apply, except to the extent that--
    (a)  the duty to confirm or deny is excluded only by a provision not conferring absolute exemption, and
    (b)  in all the circumstances of the case, the public interest in disclosing whether the authority holds the information outweighs the public interest in maintaining the exclusion of the duty to confirm or deny.
    (2)  In respect of any information which is exempt information by virtue of any provision of Part II, section 1(1)(b) does not apply, except to the extent that--
    (a)  the information is exempt information only by virtue of a provision not conferring absolute exemption, and
    (b)  in all the circumstances of the case, the public interest in disclosing the information outweighs the public interest in maintaining the exemption.
    (3)  For the purposes of this section, the following provisions of Part II (and no others) are to be regarded as conferring absolute exemption--
    (a)  section 19,
    (b)  section 21,
    (c)  section 30,
    (d)  section 32,
    (e)  section 34 so far as relating to information held by the House of Commons or the House of Lords,
    (f)  in section 38--
          (i)  subsection (1), and
          (ii)  subsection (2) so far as relating to cases where the first condition referred to in that subsection is satisfied by virtue of subsection (3)(a)(i) or (b) of that section,
    (g)  section 39, and
    (h)  section 42.")
Effect of exemptions.
  
Schedule 1
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 44, line 11, leave out paragraph 6 
     Page 45, line 29, at end insert--
 
    ("  .  The London Transport Users Committee.")
 
     Page 46, line 11, at end insert--
 
    ("  .  A Community Health Council established under section 20 of the National Health Service Act 1977.")
 
     Page 47, leave out lines 4 to 23 and insert--
 
    ("  .  The governing body of a maintained school, within the meaning of the School Standards and Framework Act 1998.
 
    .--(1)  The governing body of--
    (a)  an institution within the further education sector,
 
 
    (b)  a university receiving financial support under section 65 of the Further and Higher Education Act 1992,
    (c)  an institution conducted by a higher education corporation,
1992 c. 13.
 
    (d)  a designated institution for the purposes of Part II of the Further and Higher Education Act 1992 as defined by section 72(3) of that Act, or
    (e)  any college, school, hall or other institution of a university which falls within paragraph (b).
    (2)  In sub-paragraph (1)--
    (a)  governing body" is to be interpreted in accordance with subsection (1) of section 90 of the Further and Higher Education Act 1992 but without regard to subsection (2) of that section,
    (b)  in paragraph (a), the reference to an institution within the further education sector is to be construed in accordance with section 91(3) of the Further and Higher Education Act 1992,
    (c)  in paragraph (c), "higher education corporation" has the meaning given by section 90(1) of that Act, and
    (d)  in paragraph (e) "college" includes any institution in the nature of a college.")
1992 c. 13.
     Page 47, leave out lines 25 to 36 and insert--
 
    ("  .--(1)  The managers of--
 
 
    (a)  a controlled school, voluntary school or grant-maintained integrated school within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986, or
S.I. 1986/594
(N.I. 3).
 
    (b)  a pupil referral unit as defined by Article 87(1) of the Education (Northern Ireland) Order 1998.
S.I. 1998/1759
(N.I. 13).
     (2)  In sub-paragraph (1) "managers" has the meaning given by Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.
 
    .--(1)  The governing body of--
S.I. 1986/594
(N.I. 3).
 
    (a)  a university receiving financial support under Article 30 of the Education and Libraries (Northern Ireland) Order 1993,
S.I. 1993/2810
(N.I. 12).
 
    (b)  a college of education maintained in pursuance of arrangements under Article 66(1) or in respect of which grants are paid under Article 66(2) or (3) of the Education and Libraries (Northern Ireland) Order 1986, or
S.I. 1986/594
(N.I. 3).
 
    (c)  an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997.
S.I. 1997/1772
(N.I. 15).
     (2)  In sub-paragraph (1) "governing body" has the meaning given by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993.S.I. 1993/2810
(N.I. 12).
     .--(1)  Any person providing further education to whom grants, loans or other payments are made under Article 5(1)(b) of the Further Education (Northern Ireland) Order 1997.")S.I. 1997/1772
(N.I. 15).
     Page 48, line 9, leave out paragraph 73 
     Page 48, line 34, at end insert--
 
    ("The Advisory Committee on Consumer Products and the Environment")
 
     Page 49, leave out line 9 
     Page 49, line 15, at end insert--
 
    ("The Airborne Particles Expert Group.")
 
     Page 50, leave out line 7 
     Page 50, line 23, at end insert--
 
    ("The Commission for the New Towns.")
 
     Page 50, leave out line 43 
     Page 51, line 2, at end insert--
 
    ("The Council for Professions Supplementary to Medicine.")
 
     Page 51, leave out line 33 
     Page 51, line 48, at end insert--
 
    ("The General Chiropractic Council
 
    The General Dental Council
 
    The General Medical Council
 
    The General Osteopathic Council")
 
     Page 52, line 1, leave out ("Fund") 
     Page 52, line 38, at end insert--
 
    ("The Insurance Brokers Registration Council.")
 
     Page 53, leave out line 4 
     Page 53, leave out line 18 
     Page 54, leave out line 18 
     Page 54, line 21, leave out ("Relations") 
     Page 54, line 33, at end insert--
 
    ("Resource: The Council for Museums, Libraries and Archives")
 
     Page 55, line 38, at end insert--
 
    ("The United Kingdom Central Council for Nursing, Midwifery and Health Visiting.")
 
     Page 56, line 36, at end insert--
 
    ("The Civil Service Commissioners for Northern Ireland.")
 
     Page 57, line 28, at end insert--
 
    ("The Northern Ireland Civil Service Appeal Board.")
 
     Page 58, line 5, at end insert--
 
    ("The social fund Commissioner appointed under Article 37 of the Social Security (Northern Ireland) Order 1998.")
 
  
Clause 3
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 2, line 35, leave out ("or by a government department") and insert ("by a government department or by the National Assembly for Wales") 
     Page 2, line 38, leave out ("or by a government department") and insert ("by a government department or by the National Assembly for Wales") 
     Page 2, line 41, leave out ("or by a government department") and insert ("by a government department or by the National Assembly for Wales") 
     Page 3, line 9, at end insert--
 
    ("(  )  Before making an order under subsection (1), the Secretary of State shall--
    (a)  if the order relates to a body which, or the holder of any office who, if the order were made, would be a Welsh public authority, consult the National Assembly for Wales, and
    (b)  if the order relates to a body which, or the holder of any office who, if the order were made, would be a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.")
 
     Page 3, leave out line 12 
  
Clause 6
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 4, line 20, at end insert--
 
    ("(  )  Before making an order under subsection (3), the Secretary of State shall--
    (a)  if the order relates to the National Assembly for Wales or a Welsh public authority, consult the National Assembly for Wales,
    (b)  if the order relates to the Northern Ireland Assembly, consult the Presiding Officer of that Assembly, and
    (c)  if the order relates to a Northern Ireland department or a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.")
 
  
Clause 9
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 5, line 27, leave out ("subsection (2)") and insert ("subsections (2) and (2A)") 
     Page 5, line 35, at end insert--
 
    ("(2A)  If, and to the extent that--
    (a)  section 1(1)(a) would not apply but for paragraphs (a) and (b) of section (Effect of exemptions)(1), or
    (b)  section 1(1)(b) would not apply but for paragraphs (a) and (b) of section (Effect of exemptions)(2),
the public authority need not comply with section 1(1)(a) or (b) until such time as is reasonable in the circumstances; but this subsection does not affect the time by which any notice under section 15(1) must be given.")
 
  
After Clause 11
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following new Clause-- 
     ("  .--(1)  A public authority may charge for the communication of any information whose communication--
    (a)  is not required by section 1(1) because the cost of complying with the request for information exceeds the amount which is the appropriate limit for the purposes of section 11(1) and (2), and
    (b)  is not otherwise required by law,
such fee as may be determined by the public authority in accordance with regulations made by the Secretary of State.
 
    (2)  Regulations under this section may, in particular, provide--
    (a)  that any fee is not to exceed such maximum as may be specified in, or determined in accordance with, the regulations, and
    (b)  that any fee is to be calculated in such manner as may be prescribed by the regulations.
    (3)  Subsection (1) does not apply where provision is made by or under any enactment as to the fee that may be charged by the public authority for the disclosure of the information.")
Fees for disclosure where cost of compliance exceeds appropriate limit.
  
Clause 12
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 7, line 8, leave out from beginning to ("to") and insert ("Section 1(1) does not oblige a public authority") 
  
After Clause 12
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following new Clause-- 
     ("  .--(1)  Where the appropriate records authority receives a request for information which relates to information which--
    (a)  is contained in a transferred public record, and
    (b)  is exempt information only by virtue of a provision not specified in section (Effect of exemptions)(3),
that authority shall, within the period for complying with section 1(1), forward the request, so far as relating to such information, to the responsible authority.
 
    (2)  In this Act "transferred public record" means a public record which has been transferred--
    (a)  to the Public Record Office,
    (b)  to another place of deposit appointed by the Lord Chancellor under the Public Records Act 1958, or
    (c)  to the Public Record Office of Northern Ireland.
    (3)  In this Act--
    appropriate records authority", in relation to a transferred public record, means--
          (a)  in a case falling within subsection (2)(a), the Public Record Office,
          (b)  in a case falling within subsection (2)(b), the Lord Chancellor, and
          (c)  in a case falling within subsection (2)(c), the Public Record Office of Northern Ireland;
    responsible authority", in relation to a transferred public record, means--
          (a)  in the case of a record transferred as mentioned in subsection (2)(a) or (b) from a government department in the charge of a Minister of the Crown, the Minister of the Crown who appears to the Lord Chancellor to be primarily concerned,
          (b)  in the case of a record transferred as mentioned in subsection (2)(a) or (b) from any other person, the person who appears to the Lord Chancellor to be primarily concerned,
          (c)  in the case of a record transferred to the Public Record Office of Northern Ireland from a government department in the charge of a Minister of the Crown, the Minister of the Crown who appears to the appropriate Northern Ireland Minister to be primarily concerned,
          (d)  in the case of a record transferred to the Public Record Office of Northern Ireland from a Northern Ireland department, the Northern Ireland Minister who appears to the appropriate Northern Ireland Minister to be primarily concerned, or
          (e)  in the case of a record transferred to the Public Record Office of Northern Ireland from any other person, the person who appears to the appropriate Northern Ireland Minister to be primarily concerned.")
Forwarding of certain requests relating to transferred public records.
  
Clause 13
 
  
BY THE LORD FALCONER OF THOROTON
 
     The Lord Falconer of Thoroton gives notice of his intention to oppose the Question that Clause 13 stand part of the Bill 
  
Clause 14
 
  
BY THE LORD FALCONER OF THOROTON
 
     The Lord Falconer of Thoroton gives notice of his intention to oppose the Question that Clause 14 stand part of the Bill 
  
Clause 15
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 8, line 39, leave out subsections (2) and (3) and insert--
 
    ("(2)  Where--
    (a)  in relation to any request for information, a public authority is, as respects any information, relying on a claim--
          (i)  that the duty to confirm or deny is excluded only by a provision of Part II not specified in section (Effect of exemptions)(3), or
          (ii)  that the information is exempt information only by virtue of such a provision, and
    (b)  at the time when the notice under subsection (1) is given to the applicant, the public authority has not yet reached a decision as to the application of subsection (1)(b) or (2)(b) of section (Effect of exemptions),
the notice under subsection (1) must indicate that the public authority has not yet reached a decision as to the application of that provision.
 
    (3)  A public authority which, in relation to any request for information, is to any extent relying on a claim that subsection (1)(b) or (2)(b) of section (Effect of exemptions) does not apply must, either in the notice under subsection (1) or in a separate notice given within such time as is reasonable in the circumstances, state the authority's reasons for claiming--
    (a)  that, in all the circumstances of the case, the public interest in maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the authority holds the information, or
    (b)  that, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.")
 
     Page 9, line 12, at end insert--
 
    ("(4A)  Where section (Forwarding of certain requests relating to transferred public records) applies, the notice given under subsection (1) by the appropriate records authority must state that the request for information has been forwarded in accordance with that section and specify the authority to which it has been forwarded.")
 
 
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