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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 Marshalled List of Amendments to the Freedom of Information Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the Instruction of 28th September 2000, as follows-- 
 Clauses 1 and 2
Schedule 1
Clauses 3 to 16
Schedule 2
Clauses 17 to 54
Schedule 3
Clauses 55 to 60
Schedule 4
Clauses 61 to 66
Schedule 5
Clauses 67 to 72
Schedule 6
Clauses 73 to 83
Schedule 7
Clauses 84 and 85
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE LORD LUCAS
 
1     Insert the following new Clause--
 
    ("  .  The purposes of this Act are to enable and encourage the provision of information by public authorities to the public.")
Purposes of this Act.
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
2     Insert the following new Clause--
 
    ("  .  The purpose of this Act is to facilitate public access to information held by public authorities.")
Purpose of this Act.
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
3     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 FALCONER OF THOROTON
 
4     Page 1, line 14, after ("sections") insert ("Effect of exemptions,") 
5     Page 1, line 21, leave out subsections (4) and (5) 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
6     Page 2, leave out lines 9 to 12 
  
BY THE LORD FALCONER OF THOROTON
 
7     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".")
 
  
BY THE LORD LUCAS
 
8     Page 2, line 15, at end insert--
 
    ("(  )  A public authority may not enquire as to the reasons why a person has made a request for information, or as to any actions that that person intends to take on receipt of the information.")
 
  
After Clause 1
 
  
BY THE LORD FALCONER OF THOROTON
 
9     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.
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
[Amendments 10 to 23 are amendments to amendment 9]
 
10     Leave out lines 8 to 10 and insert ("maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the authority holds the information") 
  
BY THE LORD LUCAS
 
11     Line 9, after ("outweighs") insert ("or is not substantially outweighed by") 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
12     Leave out lines 17 and 18 and insert (maintaining the exemption outweighs the public interest in disclosing the information") 
  
BY THE LORD LUCAS
 
13     Line 17, after ("outweighs") insert ("or is not substantially outweighed by") 
14     Line 18, at end insert--
 
    ("(  )  In making any decision under subsection 2(b) above the public authority shall, in particular, have regard to the public interest in communicating to the applicant factual information.")
 
15     Line 18, at end insert--
 
    ("(  )  For the purposes of subsections 1(b) and 2(b) above, the fact that a matter is no longer under active consideration shall be prima facie evidence that the public interest in disclosure outweighs the public interest in maintaining the exclusion or exemption.")
 
16     Line 21, leave out paragraph (a) 
17     Line 22, leave out paragraph (b) 
18     Line 23, leave out paragraph (c) 
19     Line 24, leave out paragraph (d) 
20     Line 25, leave out paragraph (e) 
21     Line 27, leave out paragraph (f) 
22     Line 32, leave out paragraph (g) 
23     Line 33, leave out paragraph (h) 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
24     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.
  
BY THE LORD LUCAS
 
25     Insert the following new Clause--
 
    ("  .  When a public authority has declined to disclose information, the public authority shall consider whether, by deletion or summarisation or otherwise, the relevant information may be rendered into a form where it is suitable for disclosure.")
Authority to consider partial disclosure of exempt information.
  
Clause 2
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
26     Page 2, line 16, at end insert--
    ("(  )  any Minister of the Crown, government department, local authority, government appointed task force, quasi-autonomous body, any body carrying out public administration at a national, regional or local level or any other body where either--
          (i)  more than half of its funding is received either from government or from bodies that in turn receive more than half of their funding from government, or
          (ii)  a majority of the members of the managing body of the body is appointed by government or where it is subject to management supervision by another public authority;")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
27     Page 2, line 26, at end insert ("on a contractual or agency basis") 
  
After Clause 2
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
28     Insert the following new Clause--
 
    (" .  Public authorities must assist applicants in making requests for information.")
Public authorities: assistance of applicants.
29     Insert the following new Clause--
 
    ("  .  Public authorities shall, as far as practicable, assist all information applicants to understand the procedure for obtaining access to information under this Act and ensure that each information applicant understands their rights to contact the Commissioner if the information applicant is not satisfied with the information provided or the reason why the public authority will not provide the requested information.")
Public authorities: assistance of applicants (No. 2).
  
Schedule 1
 
  
BY THE LORD FALCONER OF THOROTON
 
30     Page 44, line 11, leave out paragraph 6 
31     Page 45, line 29, at end insert--
 
    ("  .  The London Transport Users Committee.")
 
32     Page 46, line 11, at end insert--
 
    ("  .  A Community Health Council established under section 20 of the National Health Service Act 1977.")
 
33     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,
    (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.
1992 c. 13.
34     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
    (b)  a pupil referral unit as defined by Article 87(1) of the Education (Northern Ireland) Order 1998.
    (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--
    (a)  a university receiving financial support under Article 30 of the Education and Libraries (Northern Ireland) Order 1993,
    (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
    (c)  an institution of further education within the meaning of the Further Education (Northern Ireland) Order 1997.
    (2)  In sub-paragraph (1) "governing body" has the meaning given by Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993.
 
    .--(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. 1986/594
(N.I. 3).
S.I. 1998/1759
(N.I. 13).
S.I. 1986/594
(N.I. 3).
S.I. 1993/2810
(N.I. 12).
S.I. 1986/594
(N.I. 3).
S.I. 1997/1772
(N.I. 15).
S.I. 1993/2810
(N.I. 12).
S.I. 1997/1772
(N.I. 15).
35     Page 48, line 9, leave out paragraph 73 
36     Page 48, line 34, at end insert--
 
    ("The Advisory Committee on Consumer Products and the Environment.")
 
37     Page 49, leave out line 9 
38     Page 49, line 15, at end insert--
 
    ("The Airborne Particles Expert Group.")
 
39     Page 50, leave out line 7 
40     Page 50, line 23, at end insert--
 
    ("The Commission for the New Towns.")
 
41     Page 50, leave out line 43 
42     Page 51, line 2, at end insert--
 
    ("The Council for Professions Supplementary to Medicine.")
 
43     Page 51, leave out line 33 
44     Page 51, line 48, at end insert--
 
    ("The General Chiropractic Council.
 
    The General Dental Council.
 
    The General Medical Council.
 
    The General Osteopathic Council.")
 
45     Page 52, line 1, leave out ("Fund") 
46     Page 52, line 38, at end insert--
 
    ("The Insurance Brokers Registration Council.")
 
47     Page 53, leave out line 4 
48     Page 53, leave out line 18 
49     Page 54, leave out line 18 
50     Page 54, line 21, leave out ("Relations") 
51     Page 54, line 33, at end insert--
 
    ("Resource: The Council for Museums, Libraries and Archives.")
 
52     Page 55, line 38, at end insert--
 
    ("The United Kingdom Central Council for Nursing, Midwifery and Health Visiting.")
 
53     Page 56, line 36, at end insert--
 
    ("The Civil Service Commissioners for Northern Ireland.")
 
54     Page 57, line 28, at end insert--
 
    ("The Northern Ireland Civil Service Appeal Board.")
 
55     Page 58, line 5, at end insert--
 
    ("The social fund Commissioner appointed under Article 37 of the Social Security (Northern Ireland) Order 1998.")
 
 
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