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

back to previous amendments
 
  
Clause 52
 
  
BY THE LORD FALCONER OF THOROTON
 
289     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")
 
290     Page 29, line 22, leave out ("day on which the notice was given to the public authority") and insert ("effective date") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
291     Page 29, line 23, leave out ("Commissioner") and insert ("Ombudsman") 
  
BY THE LORD FALCONER OF THOROTON
 
292     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).") 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
293     Page 29, line 25, leave out ("authority did not fail to comply with section 13") and insert ("information is exempt under those provisions of Part II to which this section applies.
 
    (  )  The provisions of Part II to which this section applies are--
    (a)  section 22,
    (b)  section 24,
    (c)  section 25,
    (d)  section 33, and
    (e)  section 34.")
 
  
BY THE LORD FALCONER OF THOROTON
 
294     Page 29, line 26, at end insert--
 
    ("(1B)  In subsection (1A) "the effective date", in relation to a decision notice or enforcement notice, means--
    (a)  the day on which the notice was given to the public authority, or
    (b)  where an appeal under section 56 is brought, the day on which that appeal (or any further appeal arising out of it) is determined or withdrawn.
    (1C)  Before making an order under subsection (1)(a)(iii), the Secretary of State shall--
    (a)  if the order relates to 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 public authority, consult the First Minister and deputy First Minister in Northern Ireland.")
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
295     Page 29, line 27, leave out ("Commissioner") and insert ("Ombudsman") 
  
BY THE LORD FALCONER OF THOROTON
 
296     Page 29, line 28, leave out ("(1)") and insert ("(1A)") 
297     Page 29, line 35, leave out subsection (4) and insert--
 
    ("(4)  In this section "the accountable person"--
    (a)  in relation to a Northern Ireland department or any Northern Ireland public authority, means the First Minister and deputy First Minister in Northern Ireland acting jointly, and
    (b)  in relation to the National Assembly for Wales or any Welsh public authority, means the Assembly First Secretary.
    (c)  in relation to any other public authority, means--
          (i)  a Minister of the Crown who is a member of the Cabinet, or
          (ii)  the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland.")
 
  
BY THE LORD LUCAS
 
298     Page 29, line 36, leave out ("government department") and insert ("public authority not falling within paragraphs (c) to (f) below") 
299     Page 29, line 37, at end insert ("who is a member of the Cabinet") 
300     Page 29, line 38, leave out paragraph (b) 
301     Page 29, line 44, leave out ("or the Northern Ireland Audit Office") and insert ("and any other public authority whose jurisdiction or activities are limited to Northern Ireland") 
302     Page 30, line 1, leave out from ("Wales") to ("means") in line 3 and insert ("and any other public authority whose jurisdiction or activities are limited to Wales") 
  
BY THE LORD LUCAS
THE VISCOUNT COLVILLE OF CULROSS
 
303     Page 30, line 4, leave out paragraphs (g) to (k) 
  
BY THE LORD LUCAS
THE LORD FALCONER OF THOROTON
 
304     Page 30, line 29, leave out subsections (5) and (6) 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
305     Page 30, line 29, leave out subsection (5) 
  
BY THE LORD LUCAS
 
306     Page 30, line 39, at end insert--
 
    ("(  )  An order under subsection (4)--
    (a)  must state the reasons for the order, and
    (b)  must be made public.")
 
307     Page 30, line 39, at end insert--
 
    ("(  )  A certificate given under this section shall never be exempt information under Part II of this Act.")
 
  
BY THE LORD LUCAS
THE VISCOUNT COLVILLE OF CULROSS
THE LORD FALCONER OF THOROTON
 
308     Page 30, leave out lines 41 to 45 
  
BY THE LORD LUCAS
THE LORD ARCHER OF SANDWELL
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 52 stand part of the Bill. 
  
Clause 53
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
309     Page 31, line 5, leave out ("Commissioner") and insert ("Ombudsman") 
  
Schedule 3
 
  
BY THE LORD LUCAS
 
310     Page 62, line 3, after ("sub-paragraph,") insert--
    ("(  )  to copy any information held in electronic format, or to seize the equipment containing that information if a copy cannot conveniently be made,")
 
311     Page 62, line 9, at end insert ("(except in the case of an application under sub-paragraph (1)(b))") 
  
Clause 55
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
312     Page 31, line 22, leave out ("Commissioner") and insert ("Ombudsman") 
  
Clause 56
 
  
BY THE LORD HUNT OF WIRRAL
 
313     Page 31, line 26, leave out ("or the public authority") 
  
BY THE LORD LUCAS
 
314     Page 31, line 27, after ("may") insert (", within five working days,") 
  
BY THE LORD HUNT OF WIRRAL
 
315     Page 31, line 29, after ("may") insert ("not") 
  
BY THE LORD FALCONER OF THOROTON
 
316     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.")
 
  
BY THE LORD ARCHER OF SANDWELL
THE BARONESS THORNTON
THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
THE LORD FALCONER OF THOROTON
 
317     Page 31, line 31, leave out subsection (3) 
  
Clause 57
 
  
BY THE LORD LUCAS
 
318     Page 32, line 2, at end insert--
 
    ("(  )  Any appeal shall be determined not later than the twentieth working day following the notice of appeal.")
 
  
Clause 59
 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
319     Page 32, line 17, leave out ("If") 
320     Page 32, line 18, after ("Tribunal") insert ("may require the Minister to give reasons for issuing the certificate and if it") 
  
Schedule 4
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
     The Lord Mackay of Ardbrecknish gives notice of his intention to oppose the Question that Schedule 4 be the fourth Schedule to the Bill. 
  
Clause 61
 
  
BY THE LORD LUCAS
 
321     Page 33, line 4, at end insert ("unless--
    (a)  the dates of creation of the records span more than two years; and
    (b)  the file or other assembly may reasonably be separated into older and more recent parts.")
 
  
Clause 62
 
  
BY THE LORD LUCAS
 
322     Page 33, line 7, after ("section") insert ("19, 20, 24, 25,") 
323     Page 33, line 7, after ("26,") insert ("27,") 
324     Page 33, line 7, after ("35(1)(a),") insert ("37, 39,") 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
325     Page 33, line 7, leave out (", 40 or 41") and insert ("or 40") 
  
BY THE LORD LUCAS
 
326     Page 33, line 7, leave out ("or 41") and insert (", 41 or 43") 
  
BY THE LORD FALCONER OF THOROTON
 
327     Page 33, line 12, leave out ("seventy-five") and insert ("sixty") 
  
BY THE LORD LUCAS
 
328     Page 33, line 15, at end insert ("the death of every person who might be subject to prosecution on the basis of the information, and in any event after") 
  
Clause 63
 
  
BY THE LORD FALCONER OF THOROTON
 
329     Page 33, line 27, leave out ("13(2)") and insert ("(Effect of exemptions)(3)") 
  
Clause 64
 
  
BY THE LORD FALCONER OF THOROTON
 
330     Page 33, line 29, leave out from beginning to ("authority") in line 30 and insert ("Before refusing a request for information relating to information which is contained in a historical record and is exempt information only by virtue of a provision not specified in section (Effect of exemptions)(3), a public") 
331     Page 33, line 35, leave out ("Northern Ireland Minister responsible for public records in Northern Ireland") and insert ("appropriate Northern Ireland Minister") 
332     Page 33, line 36, at end insert--
 
    ("(  )  This section does not apply to information to which section 65 applies.")
 
  
After Clause 64
 
  
BY THE LORD FALCONER OF THOROTON
 
333     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.
 
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