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

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Clause 34
 
  
BY THE LORD FALCONER OF THOROTON
 
183     Page 19, line 20, after ("department") insert ("or by the National Assembly for Wales") 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
184     Page 19, line 23, leave out (", in the reasonable opinion of a qualified person,") 
  
BY THE LORD LUCAS
 
185     Page 19, line 24, leave out ("qualified person") and insert ("Cabinet Minister or the First Secretary of the National Assembly of Wales") 
  
BY THE LORD FALCONER OF THOROTON
 
186     Page 19, line 30, at end insert ("or
          (iii)  the work of the executive committee of the National Assembly for Wales,")
 
  
BY THE LORD ARCHER OF SANDWELL
THE BARONESS THORNTON
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
187     Page 19, line 35, leave out paragraph (c) 
  
BY THE LORD LUCAS
 
188     Page 19, line 37, leave out subsection (3) 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
189     Page 19, line 39, leave out (", in the reasonable opinion of a qualified person,") 
  
BY THE LORD LUCAS
 
190     Page 19, line 39, leave out ("qualified person") and insert ("Cabinet Minister or the First Secretary of the National Assembly of Wales") 
  
BY THE LORD FALCONER OF THOROTON
 
191     Page 19, line 41, at end insert-- 
 ("(3A)  In relation to statistical information, subsections (2) and (3) shall have effect with the omission of the words "in the reasonable opinion of a qualified person".") 
  
BY THE LORD LUCAS
[As an amendment to amendment 191]
 
192     Line 2, leave out ("statistical") and insert ("factual") 
  
BY THE LORD LUCAS
THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
 
193     Page 19, line 42, leave out subsection (4) 
  
BY THE LORD FALCONER OF THOROTON
 
194     Page 20, line 14, leave out from ("by") to end of line 17 and insert ("any Welsh public authority other than the Auditor General for Wales, means--
          (i)  the public authority, or
          (ii)  any officer or employee of the authority authorised by the Assembly First Secretary,")
 
195     Page 20, line 21, at end insert--
    ("(  )  in relation to information held by the Auditor General for Wales, means the Auditor General for Wales,")
 
196     Page 20, line 22, leave out from ("any") to end of line 28 and insert ("Northern Ireland public authority other than the Northern Ireland Audit Office, means--
          (i)  the public authority, or
          (ii)  any officer or employee of the authority authorised by the First Minister and deputy First Minister in Northern Ireland acting jointly,")
 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
197     Page 20, line 29, leave out paragraph (l) 
198     Page 20, line 31, leave out paragraph (m) 
199     Page 20, line 34, leave out paragraph (n) 
  
BY THE VISCOUNT COLVILLE OF CULROSS
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
200     Page 20, line 42, leave out subsection (5) 
  
BY THE LORD LUCAS
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
201     Page 20, line 47, leave out subsection (6) 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 34 stand part of the Bill. 
  
Clause 35
 
  
BY THE LORD FALCONER OF THOROTON
 
202     Page 21, line 9, at end insert ("or dignity") 
  
BY THE LORD LUCAS
 
203     Page 21, line 9, at end insert ("on any living person") 
  
Clause 36
 
  
BY THE LORD LUCAS
 
204     Page 21, line 17, leave out subsection (2) 
  
Clause 37
 
  
BY THE LORD LUCAS
 
205     Page 21, line 26, leave out subsection (2) 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 37 stand part of the Bill. 
  
Clause 38
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
206     Page 21, line 39, leave out paragraph (a) and insert--
    ("(a)  that the disclosure of information to a person would be likely to result in a public authority breaching its obligations to respect the private life of another person as set out in Article 8 of Part I of Schedule 1 to the Human Rights Act 1998, and")
 
  
BY THE LORD LUCAS
 
207     Page 22, line 13, leave out subsection (5) 
208     Page 22, line 32, at end insert--
 
    ("(  )  The public authority shall consider whether, in all the circumstances of the case, the appropriate person or persons should be asked for permission to release information which is exempt by virtue of subsection (1) or (2).")
 
  
Clause 39
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
209     Page 22, line 41, after ("authority),") insert--
      ("(aa)  before obtaining it the authority, in accordance with subsection (1A), gave notice in writing to the person from which it was obtained, that it was willing to receive it in confidence,")
 
  
BY THE LORD LUCAS
 
210     Page 22, line 44, at end insert ("unless the person in question is a public authority") 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
211     Page 22, line 44, at end insert--
 
    ("(1A)  A public authority shall not give the notice referred to in subsection (1)(aa) unless it--
    (a)  requires the information in order to properly discharge its functions, and
    (b)  believes on reasonable grounds that the information will not be supplied to it unless it gives that notice.
    (1B)  Subsection (1)(aa) above shall not apply in relation to information obtained by a public authority before the commencement of this Act.")
 
  
BY THE LORD LUCAS
 
212     Page 22, line 45, leave out subsection (2) 
  
Clause 40
 
  
BY THE LORD LUCAS
 
213     Page 23, line 4, leave out subsection (2) 
  
Clause 41
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
214     Page 23, line 8, at end insert ("and there is no overriding public interest in complying with the request for information") 
215     Page 23, line 8, at end insert--
 
    ("(  )  In subsection (1), "trade secret" means any confidential trade information which if disclosed to a competitor would cause harm to its owner.")
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
216     Page 23, line 10, after ("to,") insert ("substantially") 
  
BY THE LORD LUCAS
 
217     Page 23, line 10, after ("prejudice") insert ("to an unreasonable degree") 
  
BY THE LORD ARCHER OF SANDWELL
THE BARONESS THORNTON
 
218     Page 23, line 11, at end insert ("and if the public interest does not require its disclosure") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
219     Page 23, line 11, at end insert ("except that, where the public interest in complying with the request for information exceeds the harm to the public interest that would arise from the authority releasing it, the information is not exempt)") 
  
BY THE LORD YOUNG OF DARTINGTON
 
220     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.")
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
221     Page 23, line 11, at end insert--
 
    ("(  )  In making any decision under section 13 in relation to information which is or may be exempt under this section a public authority shall in particular have regard to the public interest in ensuring that--
    (a)  the expenditure of public funds is subject to effective oversight;
    (b)  the public is kept adequately informed about any risks to public health or safety or to the environment;
    (c)  any statutory authority with regulatory responsibilities relating to those interests is discharging those responsibilities effectively.")
 
  
After Clause 41
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
222     Insert the following new Clause-- 
     ("  .  Information is exempt information if it was supplied to a public authority by a company or other commercial organisation before the coming into force of this Act.")Information supplied by commercial organisations before commencement of Act.
  
Clause 42
 
  
BY THE LORD LUCAS
 
223     Page 23, line 17, leave out paragraph (a) 
224     Page 23, line 18, leave out paragraph (b) 
225     Page 23, line 19, leave out paragraph (c) 
  
Clause 43
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
226     Page 23, line 28, leave out ("effects adverse") and insert ("substantial prejudice") 
227     Page 23, line 30, after ("it") insert ("reasonably") 
228     Page 23, line 32, at end insert ("substantially") 
229     Page 24, line 6, leave out subsection (5) 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE LORD FALCONER OF THOROTON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill. 
  
After Clause 43
 
  
BY THE LORD LUCAS
 
230     Insert the following new Clause-- 
     ("  .--(1)  Information is only exempt information for the purposes of sections 25(2), 25(3), 39, 40 and 41 if the public authority is in possession of a written request from the originator of the information that it should be held confidential.
 
    (2)  The public authority shall consider whether, in all the circumstances of the case, the originator of the information referred to in subsection (1) should be asked for permission to release the information.")
Confidentiality of information.
231     Insert the following new Clause-- 
     ("  .  Records of ministerial engagements can never be exempt information under sections 19, 20, 26, 27, 33, 34, 38 or 39.")Records of ministerial engagements.
231A     Insert the following new Clause-- 
     ("  .--(1)  The name and address of anyone corresponding with a public authority, and the date of such correspondence and of any reply from the public authority, can never be exempt information under sections 19, 20, 26, 27, 33, 34, 38 or 39.
 
    (2)  In this section "name and address" means the information necessary to direct a reply to a person by the means of communication adopted by them.")
Correspondence with public authority.
 
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