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

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Clause 80
 
  
BY THE LORD FALCONER OF THOROTON
 
352     Page 40, line 13, after ("(7),") insert (" 52(1)(a)(iii)") 
353     Page 40, line 13, leave out (" 43(1) or (2)") 
354     Page 40, line 14, at end insert ("or 73(3)") 
  
After Clause 80
 
  
BY THE LORD FALCONER OF THOROTON
 
355     Insert the following new Clause-- 
     ("  .--(1)  In this Act "Welsh public authority" means--
    (a)  any public authority which is listed in Part II, III, IV or VI of Schedule 1 and whose functions are exercisable only or mainly in or as regards Wales, other than an excluded authority, or
    (b)  any public authority which is an Assembly subsidiary as defined by section 99(4) of the Government of Wales Act 1998.
    (2)  In paragraph (a) of subsection (1) "excluded authority" means a public authority which is designated by the Secretary of State by order as an excluded authority for the purposes of that paragraph.
 
    (3)  Before making an order under subsection (2), the Secretary of State shall consult the National Assembly for Wales.")
Meaning of "Welsh public authority".
  
Clause 81
 
  
BY THE LORD FALCONER OF THOROTON
 
356     Page 40, line 34, at end insert--
    (""appropriate Northern Ireland Minister" means the Northern Ireland Minister in charge of the Department of Culture, Arts and Leisure in Northern Ireland")
 
357     [Withdrawn] 
357A     Page 40, line 34, at end insert--
    (""appropriate records authority", in relation to a transferred public record, has the meaning given by section (Special provisions relating to public records transferred to Public Record Office, etc)(5);")
 
358     Page 40, line 38, leave out (" 1(4)") and insert (" 1(8)") 
359     Page 40, line 41, at end insert--
    (""executive committee", in relation to the National Assembly for Wales, has the same meaning as in the Government of Wales Act 1998;")
 
360     Page 41, line 16, at end insert--
    (""Northern Ireland public authority" means any public authority, other than the Northern Ireland Assembly or a Northern Ireland department, whose functions are exercisable only or mainly in or as regards Northern Ireland and relate only or mainly to transferred matters;")
 
  
BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
361     Page 41, line 16, at end insert--
    (""prejudice" means prejudice which is real, actual and of significant substance;")
 
  
BY THE LORD FALCONER OF THOROTON
 
362     Page 41, line 19, at end insert--
    (""public record" means a public record within the meaning of the Public Records Act 1958 or a public record to which the Public Records Act (Northern Ireland) 1923 applies;")
 
363     [Withdrawn] 
363A     Page 41, line 21, at end insert--
    (""responsible authority", in relation to a transferred public record, has the meaning given by section (Special provisions relating to public records transferred to Public Record Office, etc)(5);")
 
364     [Withdrawn] 
364A     Page 41, line 31, at end insert--
    (""transferred public record" has the meaning given by section (Special provisions relating to public records transferred to Public Record Office, etc)(4);")
 
365     Page 41, line 32, at end insert--
    (""Welsh public authority" has the meaning given by section (Meaning of "Welsh public authority");")
 
  
Before Schedule 7
 
  
BY THE LORD FALCONER OF THOROTON
 
366     Insert the following new Schedule-- 
 ("SCHEDULE 
 DISCLOSURE OF INFORMATION BY OMBUDSMEn 
 The Parliamentary Commissioner for Administration 
     1.  At the end of section 11 of the Parliamentary Commissioner Act 1967 (provision for secrecy of information) there is inserted--
        (5)  Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen)(1) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) of this section as obtained for the purposes of an investigation under this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."
    2.  After section 11A of that Act there is inserted--
1967 c. 13.
 Disclosure of information by Parliamentary Commissioner to Information Commissioner.     11AA.--(1)  The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if the information appears to the Commissioner to relate to--
    (a)  a matter in respect of which the Information Commissioner could exercise any power conferred by--
          (i)  Part V of the Data Protection Act 1998 (enforcement),
          (ii)  section 47 of the Freedom of Information Act 2000 (practice recommendations), or
          (iii)  Part IV of that Act (enforcement), or
    (b)  the commission of an offence under--
          (i)  any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
          (ii)  section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
    (2)  Nothing in section 11(2) of this Act shall apply in relation to the disclosure of information in accordance with this section."
 
 The Commissions for Local Administration in England and Wales 
     3. In section 32 of the Local Government Act 1974 (law of defamation, and disclosure of information) after subsection (6) there is inserted--
        (7)  Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) above as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."
    4.  After section 33 of that Act there is inserted--
1974 c. 7.
 Disclosure of information by Local Commissioner to Information Commissioner.     33A.--(1)  A Local Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part of this Act if the information appears to the Local Commissioner to relate to--
    (a)  a matter in respect of which the Information Commissioner could exercise any power conferred by--
          (i)  Part V of the Data Protection Act 1998 (enforcement),
          (ii)  section 47 of the Freedom of Information Act 2000 (practice recommendations), or
          (iii)  Part IV of that Act (enforcement), or
    (b)  the commission of an offence under--
          (i)  any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
          (ii)  section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
    (2)  Nothing in section 32(2) of this Act shall apply in relation to the disclosure of information in accordance with this section."
 
 The Health Service Commissioners 
     5.  At the end of section 15 of the Health Service Commissioners Act 1993 (confidentiality of information) there is inserted--
        (4)  Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."
    6.  After section 18 of that Act there is inserted--
1993 c. 46.
 Disclosure of information to Information Commissioner.     18A.--(1)  The Health Service Commissioner for England or the Health Service Commissioner for Wales may disclose to the Information Commissioner any information obtained by, or furnished to, the Health Service Commissioner under or for the purposes of this Act if the information appears to the Health Service Commissioner to relate to--
    (a)  a matter in respect of which the Information Commissioner could exercise any power conferred by--
          (i)  Part V of the Data Protection Act 1998 (enforcement),
          (ii)  section 47 of the Freedom of Information Act 2000 (practice recommendations), or
          (iii)  Part IV of that Act (enforcement), or
    (b)  the commission of an offence under--
          (i)  any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
          (ii)  section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
    (3)  Nothing in section 15 (confidentiality of information) applies in relation to the disclosure of information in accordance with this section."
 
 The Welsh Administration Ombudsman 
     7.  In Schedule 9 to the Government of Wales Act 1998 (the Welsh Administration Ombudsman), at the end of paragraph 25 (confidentiality of information) there is inserted--
        (5)  Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of sub-paragraph (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation."
    8.  After paragraph 27 of that Schedule there is inserted--
1998 c. 38.
 Disclosure of information to Information Commissioner 
 
        28.--(1)  The Welsh Administration Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Welsh Administration Ombudsman under or for the purposes of this Schedule if the information appears to the Welsh Administration Ombudsman to relate to--
      (a)  a matter in respect of which the Information Commissioner could exercise any power conferred by--
            (i)  Part V of the Data Protection Act 1998 (enforcement),
            (ii)  section 47 of the Freedom of Information Act 2000 (practice recommendations), or
            (iii)  Part IV of that Act (enforcement), or
      (b)  the commission of an offence under--
            (i)  any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
            (ii)  section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
        (2)  Nothing in paragraph 25(1) applies in relation to the disclosure of information in accordance with this paragraph."
 
 The Northern Ireland Commissioner for Complaints 
     9.  At the end of Article 21 of the Commissioner for Complaints (Northern Ireland) Order 1996 (disclosure of information by Commissioner) there is inserted--
        (5)  Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation."
    10.  After that Article there is inserted--
    Disclosure of information to Information Commissioner
        21A.--(1)  The Commissioner may disclose to the Information Commissioner any information obtained by, or furnished to, the Commissioner under or for the purposes of this Order if the information appears to the Commissioner to relate to--
      (a)  a matter in respect of which the Information Commissioner could exercise any power conferred by--
            (i)  Part V of the Data Protection Act 1998 (enforcement),
            (ii)  section 47 of the Freedom of Information Act 2000 (practice recommendations), or
            (iii)  Part IV of that Act (enforcement), or
      (b)  the commission of an offence under--
            (i)  any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
            (ii)  section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
        (2)  Nothing in Article 21(1) applies in relation to the disclosure of information in accordance with this Article."
S.I. 1996/1297 (N.I. 7).
 The Assembly Ombudsman for Northern Ireland 
     11.  At the end of Article 19 of the Ombudsman (Northern Ireland) Order 1996 there is inserted--
        (5)  Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of paragraph (1) as obtained for the purposes of an investigation under this Order and, in relation to such information, the reference in paragraph (1)(a) to the investigation shall have effect as a reference to any investigation."
    12.  After that Article there is inserted--
    Disclosure of information to Information Commissioner
        19A.--(1)  The Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Omubudsman under or for the purposes of this Order if the information appears to the Ombudsman to relate to--
      (a)  a matter in respect of which the Information Commissioner could exercise any power conferred by--
            (i)  Part V of the Data Protection Act 1998 (enforcement),
            (ii)  section 47 of the Freedom of Information Act 2000 (practice recommendations), or
            (iii)  Part IV of that Act (enforcement), or
      (b)  the commission of an offence under--
            (i)  any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
            (ii)  section 75 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
        (2)  Nothing in Article 19(1) applies in relation to the disclosure of information in accordance with this Article."
S.I. 1996/1298 (N.I. 8).
 The Commissioner for Local Administration in Scotland 
     13.  In section 30 of the Local Government (Scotland) Act 1975 (limitation on disclosure of information), after subsection (5) there is inserted--
        (5A)  Information obtained from the Information Commissioner by virtue of section (Disclosure of information between Commissioner and ombudsmen) of the Freedom of Information Act 2000 shall be treated for the purposes of subsection (2) as obtained for the purposes of an investigation under this Part of this Act and, in relation to such information, the reference in subsection (2)(a) to the investigation shall have effect as a reference to any investigation."")
1975 c. 30.
  
Clause 84
 
  
BY THE LORD FALCONER OF THOROTON
 
367     Page 42, line 25, at end insert--
    ("(  )  section (Disclosure of information between Commissioner and ombudsmen) and Schedule (Disclosure of information by ombudsmen),")
 
  
In the Title
 
  
BY THE LORD ARCHER OF SANDWELL
 
368     Line 1, leave out ("Make provision for") and insert ("Facilitate") 
 
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