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

back to previous amendments
 
  
Clause 25
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
134     Page 13, line 34, after ("to,") insert ("substantially") 
135     Page 13, line 41, at beginning insert ("Except in respect of information provided to a public authority by the European Union, its member states, institutions, organisations, or related bodies,") 
  
BY THE LORD LUCAS
 
136     Page 14, line 6, leave out subsection (4) 
  
Clause 26
 
  
BY THE LORD LUCAS
 
137     Page 14, line 36, leave out subsection (3) 
  
BY THE LORD LUCAS
THE LORD MACKAY OF ARDBRECKNISH
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 26 stand part of the Bill. 
  
Clause 27
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
138     Page 14, line 40, leave out from first ("would") to end of line 44 and insert--
    ("(a)  harm the ability of the Government to manage the economy, prejudice the conduct of official market operations, or lead to improper gain or advantage;
    (b)  prejudice the assessment or collection of tax, duties or national insurance contributions, or assist tax avoidance or evasion")
 
139     Page 14, line 40, after ("to,") insert ("substantially") 
  
BY THE LORD LUCAS
 
140     Page 15, line 1, leave out subsection (2) 
  
Clause 28
 
  
BY THE VISCOUNT COLVILLE OF CULROSS
THE LORD ARCHER OF SANDWELL
 
141     Page 15, line 5, leave out ("has at any time been") and insert ("is being") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
142     Page 15, line 5, leave out ("has at any time been") insert ("is currently being") 
143     Page 15, line 5, leave out ("has at any time been held by the public authority for the purposes of") and insert ("is currently held by the public authority and its disclosure would prejudice") 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
144     Page 15, line 5, leave out ("has at any time") and insert ("is being or has") 
145     Page 15, line 12, leave out from ("conduct,") to end of line 13 and insert--
 
("and, in either case, that investigation and any criminal proceedings related to that investigation have not been concluded")
 
  
BY THE LORD LUCAS
 
146     Page 15, line 13, at end insert--
 
("and its release might prejudice such investigations or proceedings")
 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
147     Page 15, line 13, at end insert--
 
("but only for such period as is relevant to active investigations or proceedings falling within this subsection")
 
  
BY THE LORD ARCHER OF SANDWELL
THE BARONESS THORNTON
 
148     Page 15, line 13, at end insert--
 
("and if its disclosure would or would be likely substantially to prejudice any such investigation or proceedings")
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
149     Page 15, line 13, at end insert--
 
    ("(  )  Information held by a public authority is exempt information if it is being held by the authority for the purposes of criminal proceedings which have not been concluded.")
 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
150     Page 15, line 14, leave out ("if") and insert ("insofar as") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
151     Page 15, line 14, at end insert ("its disclosure would prejudice any current investigation and if") 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
152     Page 15, line 15, after ("was") insert ("originally") 
  
BY THE LORD LUCAS
 
153     Page 15, line 27, at end insert ("and its release might prejudice a source which should reasonably remain confidential") 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
154     Page 15, line 27, at end insert (", and
    (c)  if its disclosure under this Act would or would be likely to prejudice the obtaining of further information from the same or other confidential sources")
 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
155     Page 15, line 27, at end insert--
 
("but only for such period as is relevant to active investigations or proceedings falling within this subsection")
 
  
BY THE LORD LUCAS
 
156     Page 15, line 28, leave out subsection (3) 
  
BY THE LORD FALCONER OF THOROTON
 
157     Page 15, line 42, leave out ("in the United Kingdom or elsewhere") 
158     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 29
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
159     Page 16, line 19, after ("to,") insert ("substantially") 
160     Page 16, line 45, leave out ("improper") and insert ("unlawful") 
161     Page 17, line 1, leave out paragraph (d) 
162     Page 17, line 6, leave out paragraphs (f) and (g) 
163     Page 17, line 12, leave out paragraph (i) 
  
Clause 30
 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
164     Page 17, line 30, at end insert--
 
("but only for such period as is relevant to an active stage of those proceedings")
 
165     Page 17, line 37, at end insert--
 
("but only for such period as is relevant to an active stage of that inquiry or arbitration")
 
  
Clause 31
 
  
BY THE LORD LUCAS
 
166     Page 18, line 15, leave out subsection (3) 
  
BY THE BARONESS ANELAY OF ST JOHNS
 
166A*     Page 18, line 19, at end insert--
 
    ("(  )  This section shall not apply in respect of any report, or draft report, by the National Audit Office which has been made available to a Minister of the Crown where any person making a request for a copy of the report shall have a right to request it at the same time, or at any time after, it has been made available to the government.")
 
  
Clause 33
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
167     Page 18, line 34, at beginning insert ("Subject to subsection (1A),") 
  
BY THE LORD FALCONER OF THOROTON
 
168     Page 18, line 34, after ("department") insert ("or by the National Assembly for Wales") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
169     Page 18, line 35, leave out from ("if") to end of line 40 and insert ("its disclosure would harm the frankness and candour of internal discussion, including--
    (a)  proceedings of Cabinet and Cabinet committees;
    (b)  internal opinion, advice, recommendation, consultation and deliberation;
    (c)  projections and assumptions relating to internal policy analysis, analysis of alternative policy options and information relating to rejected policy options;
    (d)  confidential communications between departments, public bodies and regulatory bodies.")
 
170     Page 18, line 35, leave out ("it relates to") and insert ("its disclosure under this Act would, or would be likely to, prejudice") 
171     Page 18, line 37, at end insert ("but only if the release of that information would materially detriment the frankness and candour of those communications") 
  
BY THE LORD FALCONER OF THOROTON
 
172     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.")
 
  
BY THE LORD LUCAS
[As an amendment to amendment 172]
 
173     Line 3, leave out ("statistical") and insert ("factual") 
  
BY THE LORD ARCHER OF SANDWELL
THE BARONESS WHITAKER
THE BARONESS THORNTON
THE LORD LESTER OF HERNE HILL
 
174     Page 18, line 40, at end insert--
 
    ("(  ) Information is not exempt by virtue of subsection (1)(a) insofar as it consists of factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
175     Page 18, line 40, at end insert--
 
    ("(1A)  Subsection (1) only applies where the disclosure of that information would substantially prejudice the formulation or effective implementation of present or future government policy.")
 
  
BY THE LORD LUCAS
 
176     Page 18, line 41, leave out subsection (2) 
177     Page 18, line 43, at end insert--
 
    ("(  )  No statistical information may be exempt information by reason of this section.")
 
  
BY THE LORD FALCONER OF THOROTON
 
178     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;")
 
179     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,")
 
180     Page 19, line 10, leave out ("and") 
181     Page 19, line 11, at end insert ("and proceedings of the executive committee of the National Assembly for Wales") 
182     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") 
 
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Prepared 18 October 2000