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

back to previous amendments
 
  
After Schedule 6
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 DISCLOSURE OF INFORMATION BY OMBUDSMEn 
 The Parliamentary Commissioner for Administration 
     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--
1967 c. 13.
 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."
 
 The Commissions for Local Administration in England and Wales 
     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--
1974 c. 7.
 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."
 
 The Health Service Commissioners 
     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--
1993 c. 46.
 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."
 
 The Welsh Administration Ombudsman 
     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--
1998 c. 38.
 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."
 
 The Northern Ireland Commissioner for Complaints 
     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."
S.I. 1996/1297 (N.I. 7).
 The Assembly Ombudsman for Northern Ireland 
     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 Omubudsman 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."
S.I. 1996/1298 (N.I. 8).
 The Commissioner for Local Administration in Scotland 
     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."")
1975 c. 30.
  
Clause 74
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 38, line 28, leave out ("or 13") 
  
After Clause 74
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following new Clause-- 
     ("  .--(1)  The Commissioner may disclose to a person specified in the first column of the Table below any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act or the Data Protection Act 1998 if it appears to the Commissioner that the information relates to a matter which could be the subject of an investigation by that person under the enactment specified in relation to that person in the second column of that Table.Disclosure of information between Commissioner and ombudsmen.
 
TABLE
OmbudsmanEnactment
The Parliamentary Commissioner for Administration. The Parliamentary Commissioner Act 1967 (c. 13).
The Health Service Commissioner for England. The Health Service Commissioners Act 1993 (c. 46).
The Health Service Commissioner for Wales. The Health Service Commissioners Act 1993 (c. 46).
The Health Service Commissioner for Scotland.The Health Service Commissioners Act 1993 (c. 46).
A Local Commissioner as defined by section 23(3) of the Local Government Act 1974. Part III of the Local Government Act 1974 (c. 7).
The Commissioner for Local Administration in Scotland. Part II of the Local Government (Scotland) Act 1975 (c. 30).
The Scottish Parliamentary Commissioner for Administration. The Scotland Act 1998 (Transitory and Transitional Provisions)(Complaints of Maladministration) Order 1999 (S.I. 1999/1351).
The Welsh Administration Ombudsman.Schedule 9 to the Government of Wales Act 1998 (c. 38).
The Northern Ireland Commissioner for Complaints. The Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I. 7)).
The Assembly Ombudsman for Northern Ireland. The Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I. 8)).
 
     (2)  Schedule (Disclosure of information by ombudsmen) (which contains amendments relating to information disclosed to ombudsmen under subsection (1) and to the disclosure of information by ombudsmen to the Commissioner) has effect.") 
  
Clause 75
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 39, line 3, leave out ("or 13") 
  
Clause 77
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 39, line 25, leave out ("or 13") 
  
Clause 79
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 39, line 39, leave out subsection (1) and insert--
 
    ("(1)  For the purposes of this Act--
    (a)  each government department is to be treated as a person separate from any other government department, and
    (b)  the National Assembly for Wales is to be treated as a person separate from any government department,
but this subsection does not enable a government department or the Assembly 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, in the case of a government department, by any other government department or by the Assembly or, in the case of the Assembly, by a government department.")
 
     Page 40, line 7, leave out subsection (4) 
  
Clause 80
 
  
BY THE LORD FALCONER OF THOROTON
 
     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)") 
  
Clause 81
 
  
BY THE LORD FALCONER OF THOROTON
 
     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 (Forwarding of certain requests relating to transferred public records)(3);")
 
     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 (Forwarding of certain requests relating to transferred public records)(3);")
 
     Page 41, line 31, at end insert--
    (""transferred public record" has the meaning given by section (Forwarding of certain requests relating to transferred public records)(2);")
 
     Page 41, line 32, at end insert--
    (""Welsh public authority" means--
          (a)  any public authority listed in Part II, III, IV or VI of Schedule 1 whose functions are exercisable only or mainly in or as regards Wales, or
          (b)  any public authority which is an Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998.")
 
  
Clause 84
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 42, line 25, at end insert--
    ("(  )  section (Disclosure of information between Commissioner and ombudsmen) and Schedule (Disclosure of information by ombudsmen),")
 
  
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000
Prepared 31 July 2000