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

back to previous amendments
 
  
Clause 3
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
56     Page 2, line 27, leave out ("may") and insert ("shall") 
  
BY THE LORD FALCONER OF THOROTON
 
57     Page 2, line 35, leave out ("or by a government department") and insert ("by a government department or by the National Assembly for Wales") 
58     Page 2, line 38, leave out ("or by a government department") and insert ("by a government department or by the National Assembly for Wales") 
59     Page 2, line 41, leave out ("or by a government department") and insert ("by a government department or by the National Assembly for Wales") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
60     Page 3, line 3, leave out ("may") and insert ("shall") 
  
BY THE LORD FALCONER OF THOROTON
 
61     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.")
 
62     Page 3, leave out line 12 
  
BY THE LORD ROBERTS OF CONWY
 
63     Page 3, leave out line 12 and insert--
 
    ("The National Assembly for Wales is a public authority;")
 
  
Clause 4
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
64     Page 3, line 14, leave out ("may") and insert ("shall") 
65     Page 3, line 26, at end insert (", and shall consult the Commissioner, and shall allow not less than 20 working days for those persons to respond") 
  
Clause 6
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE LORD LESTER OF HERNE HILL
 
66     Page 4, line 16, leave out paragraph (a) 
67     Page 4, line 18, leave out ("or amending") 
  
BY THE LORD FALCONER OF THOROTON
 
68     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 7
 
  
BY THE LORD ARCHER OF SANDWELL
THE BARONESS THORNTON
 
69     Page 4, line 40, at end insert ("and expressed to be made pursuant to this Act") 
  
After Clause 7
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
70     Insert the following new Clause--
 
    ("  .--(1)  When a request for information is received by a public authority and that information relates to a third party's commercial interests the public authority shall--
    (a)  without delay notify the third party of the request for information and the extent and nature of the information relating to the request and give the third party a reasonable opportunity to make representations regarding whether the information requested falls under an exemption as listed in Part II; and
    (b)  have due regard to any such representations before discharging the duty to confirm or deny and before communicating the information or giving a notice under section 15.
    (2)  For the purposes of subsection (1)--
    (a)  third party" means anyone other than the person making the request of any public authority; and
    (b)  information shall be taken as relating to a third party's commercial interests if that person provided the information to the public authority, is identified in the information and is reasonably likely to be affected (at any time) by disclosure of the information or its existence.
    (3)  Where, after due regard has been given to any representation made in accordance with subsection (1), a public authority is to any extent not relying on a claim that information is exempt information in reaching its decision, the public authority must, without delay, give the third party a notice which--
    (a)  states that fact;
    (b)  specifies the exemption in question; and,
    (c)  states why the exemption does not apply.")
Third party commercial interests: request for information.
  
Clause 8
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
71     Page 5, line 18, leave out ("may") and insert ("shall") 
72     Page 5, line 19, leave out paragraph (a) and insert--
    ("(a)  that a fee may only be charged in prescribed cases and otherwise no fee is to be payable,")
 
73     Page 5, line 23, at end insert (", and
    (  )  that any fee should not exceed 10 per cent. of the cost of complying with a request")
 
74     Page 5, line 23, at end insert--
 
    ("(  )  Regulations under subsection (3) shall provide that fees are set at a sufficiently low level in order to facilitate access by the public to information held by public authorities.")
 
  
Clause 9
 
  
BY THE LORD FALCONER OF THOROTON
 
75     Page 5, line 27, leave out ("subsection (2)") and insert ("subsections (2) and (2A)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
76     Page 5, line 27, after ("subsection") insert ("(1A) or ") 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
77     Page 5, line 28, leave out ("section 1(1)") and insert ("sections 1(1) and 13") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
78     Page 5, line 29, at end insert--
 
    ("(1A)  Where the authority has notified a third party in accordance with section (Third party commercial interests: request for information) that it has received a request for information which relates to the third party's commercial interests, the third party shall have a period of 10 working days to make representations in accordance with that section, and that period of 10 days shall be disregarded in calculating for the purposes of subsection (1) the twentieth working day following the date of receipt.")
 
  
BY THE LORD FALCONER OF THOROTON
 
79     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.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
80     Page 5, line 36, leave out subsection (3) 
  
After Clause 9
 
  
BY THE LORD LUCAS
 
81     Insert the following new Clause--
 
    ("  .  A public authority shall reasonably assist any person who seeks to exercise their rights under this Act, and in particular shall have regard to any relevant guidance in the code of practice issued under section 44.")
Assistance by public authority.
  
Clause 10
 
  
BY THE LORD LUCAS
 
82     Page 6, line 15, leave out from beginning to ("the") and insert ("a form specified by") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
83     Page 6, line 15, at end insert ("including Braille and large print") 
  
Clause 11
 
  
BY THE LORD LUCAS
 
84     Page 6, line 36, at end insert ("(and the applicant is not prepared to pay the excess cost)") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE LORD LESTER OF HERNE HILL
 
85     Page 6, line 36, at end insert--
 
    ("(  )  The appropriate limit does not apply--
    (a)  where the applicant pays the costs, or
    (b)  where the public interest benefit in complying with the request for information exceeds the cost of complying.
    (  )  The applicant may appeal to the Commissioner against a failure to comply with an information request under this exemption, and the Commissioner may at his discretion consider the appeal or refuse it.
 
    (  )  The Commissioner may direct the public authority to comply with the request and the public authority may not appeal against this direction.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
86     Page 6, line 42, at end insert (", except that the appropriate limit shall not exceed £500") 
  
BY THE LORD LUCAS
 
87     Page 6, line 44, leave out from ("where") to end of line 45 and insert (", for the purpose of ensuring that the cost of complying with a single request for information does not exceed the appropriate limit, two or more requests for closely related information are made to a public authority within a period of 1 month--") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
88     Page 7, line 5, leave out ("may") and insert ("shall") 
89     Page 7, line 6, leave out from ("estimated") to end of line 7 and insert ("which shall be based on the marginal cost of locating the information and of related disbursements to the public authority") 
  
After Clause 11
 
  
BY THE LORD FALCONER OF THOROTON
 
90     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.
  
BY THE LORD LUCAS
[As an amendment to amendment 90]
 
91     Line 9, at end insert--
 
    ("(1A)  A public authority may charge for the communication of any information where the applicant is seeking permission to publish such information, and copyright in that information is owned or controlled by that public authority.")
 
  
Clause 12
 
  
BY THE LORD FALCONER OF THOROTON
 
92     Page 7, line 8, leave out from beginning to ("to") and insert ("Section 1(1) does not oblige a public authority") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
93     Page 7, line 9, at end insert--
 
    ("(  )  It shall be lawful for a public authority to apply to the Information Tribunal for an order that an applicant who habitually and persistently requests information without any reasonable grounds for such a request is a vexatious applicant.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
94     Page 7, line 10, leave out subsection (2) 
  
After Clause 12
 
  
BY THE LORD FALCONER OF THOROTON
 
95     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.
 
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