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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 3
 
  
BY THE LORD FALCONER OF THOROTON
[In substitution for the amendment printed on sheet HL Bill 55(p)]
 
     Page 3, line 9, at end insert--
 
    ("(  )  Before making an order under subsection (1), the Secretary of State shall--
    (a)  if the order adds to Part II, III, IV or VI of Schedule 1 a reference to--
          (i)  a body whose functions are exercisable only or mainly in or as regards Wales, or
          (ii)  the holder of an office whose functions are exercisable only or mainly in or as regards Wales,
 
 
    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.")
 
  
After Clause 12
 
  
BY THE LORD FALCONER OF THOROTON
[In substitution for the new Clause printed on sheet HL Bill 55(p)]
 
     Insert the following new Clause:-- 
     ("  .--(1)  Where--
    (a)  the appropriate records authority receives a request for information which relates to information which is, or if it existed would be, contained in a transferred public record, and
    (b)  either of the conditions in subsection (2) is satisfied in relation to any of that information,
that authority shall, within the period for complying with section 1(1), send a copy of the request to the responsible authority.
 
    (2)  The conditions referred to in subsection (1)(b) are--
    (a)  that the duty to confirm or deny is excluded only by a provision of Part II not specified in subsection (3) of section (Effect of exemptions), and
    (b)  that the information is exempt information only by virtue of a provision of Part II not specified in that subsection.
    (3)  On receiving the copy, the responsible authority shall, within such time as is reasonable in all the circumstances, inform the appropriate records authority of the determination required by virtue of subsection (3) or (4) of section (Decisions relating to certain transferred public records).
 
    (4)  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.
    (5)  In this Act--
    appropriate records authority", in relation to a transferred public record, means--
          (a)  in a case falling within subsection (4)(a), the Public Record Office,
          (b)  in a case falling within subsection (4)(b), the Lord Chancellor, and
          (c)  in a case falling within subsection (4)(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 (4)(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 (4)(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.")
Special provisions relating to public records transferred to Public Record Office, etc.
  
Clause 15
 
  
BY THE LORD FALCONER OF THOROTON
[In substitution for the amendment printed on sheet HL Bill 55(p)]
 
     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 (or, in a case falling within section (Decisions relating to certain transferred public records)(3) or (4), the responsible 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 no decision as to the application of that provision has yet been reached.
 
    (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 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.")
 
  
Clause 41
 
  
BY THE LORD YOUNG OF DARTINGTON
 
     Page 23, line 11, at end insert--
 
    ("(  )  Information is not exempt by virtue of subsection (2) if or to the extent that--
    (a)  it relates to the quality or safety of the goods or services produced or supplied by the person referred to in that subsection or the conditions under which those goods or services are produced or supplied; and
    (b)  the prejudice to that person's commercial interests would result from the exercise of more informed choice by persons seeking to acquire those goods or services.")
 
  
Clause 52
 
  
BY THE LORD FALCONER OF THOROTON
[In substitution for the amendments printed on sheet HL Bill 55(p)]
 
     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--
          (i)  to comply with section 1(1)(a) in respect of information as respects which any provision of Part II provides that the duty to confirm or deny does not arise, or
          (ii)  to comply with section 1(1)(b) in respect of exempt information.
    (1A)  A decision notice or enforcement notice to which this section applies")
 
     Page 29, line 25, leave out from ("that") to end of line 26 and insert ("in respect of the request or requests concerned, there was no failure falling within subsection (1)(b).") 
  
Clause 56
 
  
BY THE LORD FALCONER OF THOROTON
 
     Page 31, line 30, at end insert--
 
    ("(  )  In relation to a decision notice or enforcement notice which relates--
    (a)  to information to which section (Decisions relating to certain transferred public records) applies, and
    (b)  to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority,
subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority.")
 
  
After Clause 64
 
  
BY THE LORD FALCONER OF THOROTON
[In substitution for the new Clause printed on sheet HL Bill 55(p)]
 
     Insert the following new Clause-- 
     ("  .--(1)  This section applies to any information which is (or, if it existed, would be) 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 determining whether--
    (a)  information to which this section applies falls within any provision of Part II providing that the duty to confirm or deny does not arise, or
    (b)  information to which this section applies is exempt information,
the appropriate records authority shall consult the responsible authority.
 
    (3)  Where, as respects any information to which this section applies, the duty to confirm or deny is excluded only by a provision of Part II not specified in subsection (3) of section (Effect of exemptions), any question as to the application of subsection (1)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.
 
    (4)  Where any information to which this section applies is exempt information only by virtue of any provision of Part II not specified in subsection (3) of section (Effect of exemptions), any question as to the application of subsection (2)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.
 
    (5)  Before making by virtue of subsection (3) or (4) any determination that subsection (1)(b) or (2)(b) of section (Effect of exemptions) does not apply, the responsible authority shall consult--
    (a)  where the transferred public record is a public record within the meaning of the Public Records Act 1958, the Lord Chancellor, and
    (b)  where the transferred public record is a public record to which the Public Records Act (Northern Ireland) 1923 applies, the appropriate Northern Ireland Minister.
    (6)  Where the responsible authority in relation to information to which this section applies is not (apart from this subsection) a public authority, it shall be treated as being a public authority for the purposes of Parts III, IV and V of this Act so far as relating to--
    (a)  the duty imposed by section (Special provisions relating to public records transferred to Public Record Office, etc)(3), and
    (b)  the imposition of any requirement to furnish information relating to compliance with Part I in connection with the information to which this section applies.")
Decisions relating to certain transferred public records.
  
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 each government department is to be treated as a person separate from any other government department.
 
    (1A)  Subsection (1) does not enable--
    (a)  a government department which is not a Northern Ireland department 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 by any other government department (not being a Northern Ireland department), or
    (b)  a Northern Ireland department to claim for those purposes that the disclosure of information by it would constitute a breach of confidence actionable by any other Northern Ireland department.")
 
  
After Clause 80
 
  
BY THE LORD FALCONER OF THOROTON
 
     Insert the following new Clause-- 
     ("  .--(1)  In this Act "Welsh public authority" means--
    (a)  any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are exercisable only or mainly in or as regards Wales, other than an excluded authority, or
    (b)  any public authority which is an Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998.
    (2)  In paragraph (a) of subsection (1) "excluded authority" means a public authority which is designated by the Secretary of State by order as an excluded authority for the purposes of that paragraph.
 
    (3)  Before making an order under subsection (2), the Secretary of State shall consult the National Assembly for Wales.")
Meaning of "Welsh public authority".
  
Clause 81
 
  
BY THE LORD FALCONER OF THOROTON
[In substitution for the amendment printed on sheet HL Bill 55(p)]
 
     Page 41, line 32, at end insert--
    (""Welsh public authority" has the meaning given by section (Meaning of "Welsh public authority");")
 
 
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