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

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Clause 28
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 15, line 42, leave out ("in the United Kingdom or elsewhere") 
     Page 15, line 46, at end insert--
          ("(  )  proceedings on dealing summarily with a charge under the Army Act 1955 or the Air Force Act 1955 or on summary trial under the Naval Discipline Act 1957,
          (  )  proceedings before a court established by section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957 (summary appeal courts),")
 
  
Clause 33
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 18, line 34, after ("department") insert ("or by the National Assembly for Wales") 
     Page 18, line 40, at end insert--
 
    ("(1A)  Once a decision as to government policy has been taken, any statistical information used to provide an informed background to the taking of the decision is not to be regarded--
    (a)  for the purposes of subsection (1)(a), as relating to the formulation or development of government policy, or
    (b)  for the purposes of subsection (1)(b), as relating to Ministerial communications.")
 
     Page 19, leave out line 2 and insert--
    (""government policy" includes the policy of the Executive Committee of the Northern Ireland Assembly and the policy of the National Assembly for Wales;")
 
     Page 19, line 7, leave out from second ("communications") to ("and") in line 9 and insert--
          ("(a)  between Ministers of the Crown,
          (b)  between Northern Ireland Ministers, including Northern Ireland junior Ministers, or
          (c)  between Assembly Secretaries, including the Assembly First Secretary,")
 
     Page 19, line 10, leave out ("and") 
     Page 19, line 11, at end insert ("and proceedings of the executive committee of the National Assembly for Wales") 
     Page 19, line 15, at end insert ("or any part of the administration of the National Assembly for Wales providing personal administrative support to the Assembly First Secretary or an Assembly Secretary") 
  
Clause 34
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 19, line 20, after ("department") insert ("or by the National Assembly for Wales") 
     Page 19, line 30, at end insert ("or
          (iii)  the work of the executive committee of the National Assembly for Wales,")
 
     Page 19, line 41, at end insert--
 
    ("(3A)  In relation to statistical information, subsections (2) and (3) shall have effect with the omission of the words "in the reasonable opinion of a qualified person".")
 
     Page 20, line 14, leave out from ("by") to end of line 17 and insert ("any Welsh public authority other than the Auditor General for Wales, means--
          (i)  the public authority, or
          (ii)  any officer or employee of the authority authorised by the Assembly First Secretary,")
 
     Page 20, line 21, at end insert--
    ("(  )  in relation to information held by the Auditor General for Wales, means the Auditor General for Wales,")
 
     Page 20, line 22, leave out from ("any") to end of line 28 and insert ("Northern Ireland public authority other than the Northern Ireland Audit Office, means--
          (i)  the public authority, or
          (ii)  any officer or employee of the authority authorised by the First Minister and deputy First Minister in Northern Ireland acting jointly,")
 
  
Clause 35
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 21, line 9, at end insert ("or dignity") 
  
Clause 43
 
  
BY THE LORD FALCONER OF THOROTON
 
     The Lord Falconer of Thoroton gives notice of his intention to oppose the Question that Clause 43 stand part of the Bill 
  
Clause 45
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 25, leave out lines 25 and 26 and insert--
    ("(c)  in relation to Northern Ireland, the appropriate Northern Ireland Minister.")
 
  
Clause 49
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 27, line 27, leave out (", 13") 
     Page 27, line 40, leave out subsection (7) 
  
Clause 51
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 29, line 14, leave out subsection (4) 
  
Clause 52
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 29, line 19, leave out from beginning to ("shall") in line 21 and insert--
 
    ("(1)  This section applies to a decision notice or enforcement notice which--
    (a)  is served on--
          (i)  a government department,
          (ii)  the National Assembly for Wales, or
          (iii)  any public authority designated for the purposes of this section by an order made by the Secretary of State, and
    (b)  relates to a failure, in respect of one or more requests for information, to comply with section 1 in relation to exempt information.
    (1A)  A decision notice or enforcement notice to which this section applies")
 
     Page 29, line 22, leave out ("the day on which the notice was given to the public authority") and insert ("the effective date") 
     Page 29, line 25, leave out from ("fail") to end of line 26 and insert ("in respect of the request or requests concerned, to comply with section 1 in relation to exempt information.") 
     Page 29, line 26, at end insert--
 
    ("(1B)  In subsection (1A) "the effective date", in relation to a decision notice or enforcement notice, means--
    (a)  the day on which the notice was given to the public authority, or
    (b)  where an appeal under section 56 is brought, the day on which that appeal (or any further appeal arising out of it) is determined or withdrawn.
    (1C)  Before making an order under subsection (1)(a)(iii), the Secretary of State shall--
    (a)  if the order relates to 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 public authority, consult the First Minister and deputy First Minister in Northern Ireland.")
 
     Page 29, line 28, leave out ("(1)") and insert ("(1A)") 
     Page 29, line 35, leave out subsection (4) and insert--
 
    ("(4)  In this section "the accountable person"--
    (a)  in relation to a Northern Ireland department or any Northern Ireland public authority, means the First Minister and deputy First Minister in Northern Ireland acting jointly, and
    (b)  in relation to the National Assembly for Wales or any Welsh public authority, means the Assembly First Secretary.
    (c)  in relation to any other public authority, means--
          (i)  a Minister of the Crown who is a member of the Cabinet, or
          (ii)  the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland.")
 
     Page 30, line 29, leave out subsections (5) and (6) 
     Page 30, leave out lines 41 to 45 
  
Clause 56
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 31, line 31, leave out subsection (3) 
  
Clause 62
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 33, line 12, leave out ("seventy-five") and insert ("sixty") 
  
Clause 63
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 33, line 27, leave out ("13(2)") and insert ("(Effect of exemptions)(3)") 
  
Clause 64
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 33, line 29, leave out from beginning to ("authority") in line 30 and insert ("Before refusing a request for information relating to information which is contained in a historical record and is exempt information only by virtue of a provision not specified in section (Effect of exemptions)(3), a public") 
     Page 33, line 35, leave out ("Northern Ireland Minister responsible for public records in Northern Ireland") and insert ("appropriate Northern Ireland Minister") 
     Page 33, line 36, at end insert--
 
    ("(  )  This section does not apply to information to which section 65 applies.")
 
  
After Clause 64
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following new Clause-- 
     ("  .--(1)  This section applies to any information contained in a transferred public record, other than information which the responsible authority has designated as open information for the purposes of this section.
 
    (2)  Before disclosing under section 1 any information to which this section applies, the appropriate records authority shall consult the responsible authority on the question of whether the information (or any of it) is exempt information.")
Consultation with respect to disclosure of certain transferred public records.
  
Clause 65
 
  
BY THE LORD FALCONER OF THOROTON
 
     Leave out Clause 65 and insert the following new Clause--
 
    ("(1)  For the purposes of the application of section 1 in a case where a request for information has been transferred under section (Forwarding of certain requests relating to transferred public records), the information is, as from the time of the transfer of the request, to be taken to be held by the responsible authority and not by the appropriate records authority.
 
    (2)  Where by virtue of subsection (1) any information is taken for the purposes of section 1 to be held by a responsible authority which is not (apart from this subsection) a public authority for the purposes of this Act, section 1, together with any other provision of this Act so far as relating to that section, shall have effect in relation to that information as if the responsible authority were a public authority.
 
    (3)  Before the responsible authority refuses a request for information which relates to information to which this section applies, the authority shall--
    (a)  in the case of a public record within the meaning of the Public Records Act 1958, consult the Lord Chancellor, and
    (b)  in the case of a public record to which the Public Records Act (Northern Ireland) 1923 applies, consult the appropriate Northern Ireland Minister.")
 
  
Schedule 6
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 67, line 31, leave out ("10") and insert ("3(b) (honours) after "honour" there is inserted "or dignity".
 
    . In paragraph 10 of that Schedule").
 
 
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