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

back to previous amendments
 
  
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332     [Withdrawn] 
332A     Page 33, line 36, at end insert--
 
    ("(  )  This section does not apply to information to which section (Decisions relating to certain transferred public records) 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.
  
Clause 65
 
  
BY THE LORD FALCONER OF THOROTON
 
     The Lord Falconer of Thoroton gives notice of his intention to oppose the Question that Clause 65 stand part of the Bill. 
  
Clause 67
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
 
334     Page 35, line 3, after ("(d);",") insert--
    (  )  in the definition of "data subject", after the word "individual" there is inserted "or company",
    (  )  for the definition of "personal data" there is substituted--
    personal data" means data which relate to--
          (i) a living individual, or
          (ii) a company (but only where those data are held by a public authority);
 
 where the individual or the company can be identified from those data, or from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual or company and any indication of the intentions of the data controller or any other person in respect of the individual,") 
  
After Clause 68
 
  
BY THE BARONESS MASHAM OF ILTON
THE EARL HOWE
THE LORD CLEMENT-JONES
THE BARONESS WILKINS
 
335     Insert the following new Clause-- 
     ("  .  In section 7(10) of the Data Protection Act 1998 (right of access to personal data) at the end of the definition of "the prescribed period" after "be prescribed" there is inserted "and in the case of a request under section 7 which relates only to data recorded in a health record, in the forty days immediately preceding the date of the request "the prescribed period" means 21 days;".")Right of access to personal data: health records.
  
Clause 69
 
  
BY THE BARONESS MASHAM OF ILTON
THE EARL HOWE
THE LORD CLEMENT-JONES
THE BARONESS WILKINS
 
336     Page 37, line 20, at end insert--
 
    ("(  )  In that Schedule, in subsection (1)(a) of section 12A as set out in paragraph 1, after "incomplete" for the word "or" there is substituted "and
    (aa)  in respect of exempt manual data which the data subject considers to be inaccurate or misleading in relation to any matter of fact or any opinion, to require the data controller to include with that data a statement setting out the data subject's views in relation to that data, or".
    (  )  In that Schedule, in subsection (2) of section 12A as set out in paragraph 1, after "inaccurate" there is inserted ", misleading".")
 
  
After Clause 72
 
  
BY THE BARONESS MASHAM OF ILTON
THE EARL HOWE
THE LORD CLEMENT-JONES
THE BARONESS WILKINS
 
337     Insert the following new Clause-- 
     ("  .  For paragraph (2) of Regulation 6 of the Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000 there is substituted--
        (2)  Where in a case to which this regulation applies, the obligation imposed by section 7(1)(c)(i) of the Act is to be complied with by supplying the data subject with--
      (a)  a copy of a record in writing on paper, the fee which may be charged shall not exceed 10 pence for each page comprising the copy; or
      (b)  a copy of a record in any other form,
    a reasonable fee for making the record may be charged provided that in any event the maximum fee which may be required by the data controller under section 7(2)(b) of the Act is £50.)"")
Data protection: charges for subject records.
  
Schedule 6
 
  
BY THE LORD FALCONER OF THOROTON
 
338     Page 67, line 31, leave out ("10") and insert ("3(b) (honours) after "honour" there is inserted "or dignity".
 
    .  In paragraph 10 of that Schedule")
 
  
Clause 73
 
  
BY THE LORD LUCAS
 
339     Page 38, line 17, at end insert--
    ("(  )  provide that any information that is to be made available under this section shall be made available in specified manners, and in particular shall be made available in electronic form over the internet,")
 
  
Clause 74
 
  
BY THE LORD FALCONER OF THOROTON
 
340     Page 38, line 28, leave out ("or 13") 
  
After Clause 74
 
  
BY THE LORD FALCONER OF THOROTON
 
341     Insert the following new Clause-- 
     ("  .--(1)  The Commissioner may disclose to a person specified in the first column of the Table below any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act or the Data Protection Act 1998 if it appears to the Commissioner that the information relates to a matter which could be the subject of an investigation by that person under the enactment specified in relation to that person in the second column of that Table.Disclosure of information between Commissioner and ombudsmen.
 TABLE 
 OmbudsmanEnactment 
 Parliamentary Commissioner for Administration.The Parliamentary Commissioner Act 1967 (c. 13). 
 The Health Service Commissioner for England.The Health Service Commissioners Act 1993 (c. 46). 
 The Health Service Commissioner for Wales.The Health Service Commissioners Act 1993 (c. 46). 
 The Health Service Commissioner for Scotland.The Health Service Commissioners Act 1993 (c. 46). 
 A Local Commissioner as defined by section 23(3) of the Local Government Act 1974.Part III of the Local Government Act 1974 (c. 7). 
 The Commissioner for Local Administration in Scotland.Part II of the Local Government (Scotland) Act 1975 (c. 30). 
 The Scottish Parliamentary Commissioner for Administration.The Scotland Act 1998 (Transitory and Transitional Provisions)(Complaints of Maladministration) Order 1999 (S.I. 1999/1351). 
 The Welsh Administration Ombudsman.Schedule 9 to the Government of Wales Act 1998 (c. 38). 
 The Northern Ireland Commissioner for Complaints.The Commissioner for Complaints (Northern Ireland) Order 1996 (S.I. 1996/1297 (N.I. 7)). 
 The Assembly Ombudsman for Northern Ireland.The Ombudsman (Northern Ireland) Order 1996 (S.I. 1996/1298 (N.I. 8)). 
     (2)  Schedule (Disclosure of information by ombudsmen) (which contains amendments relating to information disclosed to ombudsmen under subsection (1) and to the disclosure of information by ombudsmen to the Commissioner) has effect.") 
  
BY THE LORD LUCAS
 
342     Insert the following new Clause-- 
     ("  .  The Secretary of State may by order provide that any of the following provisions of this Act should no longer have effect, either in whole or in part--
    (a)  in section 13, subsections (2)(a), (2)(b), (2)(c), (2)(d), (2)(e), (2)(f), (2)(g) and (2)(h); and
    (b)  sections 19 to 43.")
Power to repeal certain provisions.
  
Clause 75
 
  
BY THE LORD FALCONER OF THOROTON
 
343     Page 39, line 3, leave out ("or 13") 
  
BY THE LORD LUCAS
 
344     Page 39, line 7, leave out ("any person to whom this subsection applies") and insert ("a person") 
345     Page 39, line 9, after ("authority,") insert ("or does or omits to do any other thing,") 
346     Page 39, line 12, leave out subsection (2) 
  
Clause 76
 
  
BY THE LORD LUCAS
 
347     Page 39, line 23, at end insert (", and no public authority shall be constrained to follow the procedures in this Act in complying fully with a request for information made to it") 
  
Clause 77
 
  
BY THE LORD FALCONER OF THOROTON
 
348     Page 39, line 25, leave out ("or 13") 
  
BY THE LORD LUCAS
 
349     Page 39, line 28, at end insert ("or substantial negligence") 
  
Clause 79
 
  
BY THE LORD FALCONER OF THOROTON
 
350     Page 39, line 39, leave out subsection (1) and insert--
 
    ("(1)  For the purposes of this Act each government department is to be treated as a person separate from any other government department.
 
    (1A)  Subsection (1) does not enable--
    (a)  a government department which is not a Northern Ireland department to claim for the purposes of section 39(1)(b) that the disclosure of any information by it would constitute a breach of confidence actionable by any other government department (not being a Northern Ireland department), or
    (b)  a Northern Ireland department to claim for those purposes that the disclosure of information by it would constitute a breach of confidence actionable by any other Northern Ireland department.")
 
351     Page 40, line 7, leave out subsection (4) 
  
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".
 
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