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Amendments to the Freedom of Information Bill

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

Here you can browse the Marshalled List of Amendments to the Freedom of Information Bill to be moved on Report in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 31st October 2000, as follows-- 
 Clauses 1 to 3
Schedule 1
Clauses 4 to 17
Schedule 2
Clauses 18 to 54
Schedule 3
Clauses 55 to 60
Schedule 4
Clauses 61 to 66
Schedule 5
Clauses 67 to 72
Schedule 6
Clauses 73 to 75
Schedule 7
Clauses 76 to 85
Schedule 8
Clauses 86 and 87
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 2
 
  
BY THE LORD ARCHER OF SANDWELL
 
1     Page 2, line 12, leave out subsections (1) and (2) and insert--
 
    ("(  )  Section 1(1)(a) does not apply in respect of information as respects which the duty to confirm or deny is excluded by virtue of any provision of Part II conferring absolute exemption.
 
    (  )  Section 1(1)(a) applies in respect of information which is exempt information by virtue of any provision of Part II other than a provision conferring absolute exemption unless, in all the circumstances of the case, the public interest in excluding the duty to confirm or deny clearly outweighs the public interest in disclosing whether the authority holds the information.
 
    (  )  Section 1(1)(b) does not apply in respect of information which is exempt information by virtue of any provision of Part II conferring absolute exemption.
 
    (  )  Section 1(1)(b) applies in respect of information which is exempt information by virtue of any provision of Part II other than a provision conferring absolute exemption unless, in all the circumstances of the case, the public interest in maintaining the exemption clearly outweighs the public interest in disclosing the information.")
 
  
BY THE LORD McNALLY
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
2     Page 2, line 12, leave out subsection (1) and insert--
 
    ("(1)  Where any provision of Part II states that the duty to confirm or deny does not arise in relation to any information, the effect of the provision is that where either--
    (a)  the provision confers absolute exemption, or
    (b)  in all the circumstances of the case, the public interest in maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the public authority holds the information,
section 1(1)(a) does not apply.")
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
THE LORD LUCAS
 
3     Page 2, line 17, leave out from second ("in") to end of line 19 and insert ("maintaining the exclusion of the duty to confirm or deny outweighs the public interest in disclosing whether the authority holds the information") 
  
BY THE LORD McNALLY
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
4     Page 2, line 21, leave out from ("apply") to end of line 27 and insert ("if or to the extent that--
    (a)  the information is exempt information by virtue of a provision conferring absolute exemption, or
    (b)  in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information")
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD GOODHART
THE LORD LUCAS
 
5     Page 2, line 25, leave out from second ("in") to end of line 27 and insert ("maintaining the exemption outweighs the public interest in disclosing the information") 
  
BY THE LORD LUCAS
 
6     Page 2, line 27, at end insert--
 
    ("(2A)  In assessing the public interest in disclosing the information under subsection (2)(b) above, particular weight shall be given to the desirability of making factual information freely available to the public.")
 
7     Page 2, line 41, leave out paragraph (g) 
  
Schedule 1
 
  
BY THE LORD FALCONER OF THOROTON
 
8     Page 47, line 5, leave out paragraph 19 
9     Page 52, line 16, at end insert--
    ("The Children and Family Court Advisory and Support Service.")
 
10     Page 53, line 33, at end insert--
    ("English Nature.")
 
11     Page 54, line 30, at end insert--
    ("The House of Lords Appointments Commission.")
 
12     Page 55, line 10, at end insert--
    ("A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.")
 
13     Page 55, leave out line 47 
14     Page 58, line 47, at end insert--
    ("The consultative Civic Forum referred to in section 56(4) of the Northern Ireland Act 1998.")
 
  
Clause 7
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
15     Page 5, line 10, leave out paragraph (a) 
  
BY THE LORD FALCONER OF THOROTON
 
16     Page 5, line 40, at end insert--
    ("(  )  In this section "publicly-owned company" has the meaning given by section 6.")
 
  
Clause 8
 
  
BY THE LORD LUCAS
 
17     Page 6, line 6, at end insert--
 
    ("(  )  For the purposes of subsection (1)(b)--
    (a)  the name of the applicant may be any name by which that applicant wishes to be known, and
    (b)  the address for correspondence may be an address suitable only for the receipt of electronic communications.")
 
  
Clause 9
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
18     Page 6, line 19, leave out ("may") insert ("shall") 
19     Page 6, line 20, leave out paragraph (a) and insert--
    ("(a)  that a fee may only be charged in prescribed cases and otherwise no fee is to be payable,")
 
20     Page 6, line 24, at end insert--
 
    ("(  )  Regulations under subsection (3) shall provide that fees are set at a sufficiently low level in order to facilitate access by the public to information held by public authorities.")
 
  
Clause 10
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
21     Page 6, line 28, leave out ("subsections (2) and (3)") and insert ("subsection (2)") 
22     Page 6, line 37, leave out subsection (3) 
  
BY THE LORD McNALLY
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
23     Page 6, line 38, leave out paragraphs (a) and (b) and insert--
    ("(a)  section 1(1)(a) would not apply if the condition in section 2(1)(b) were satisfied, or
    (b)  section 1(1)(b) would not apply if the condition in section 2(2)(b) were satisfied,")
 
  
Clause 12
 
  
BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR
 
24     Page 7, line 42, at beginning insert ("Unless it is in the public interest to do so,") 
  
After Clause 15
 
  
BY THE LORD McNALLY
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
25     Insert the following new Clause-- 
     (" .--(1) It shall be the duty of a public authority to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who propose to make, or have made, requests for information to it.
 
    (2)  Any public authority which in relation to the provision of advice or assistance in any case conforms with the code of practice under section 44 is to be taken to comply with the duty imposed by subsection (1) in relation to that case.")
Duty to provide advice and assistance.
  
Clause 16
 
  
BY THE LORD McNALLY
THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
 
26     Page 10, line 3, leave out from ("that") to second ("or") in line 4 and insert ("any provision of Part II relating to the duty to confirm or deny is relevant to the request") 
27     Page 10, leave out lines 14 to 17 and insert--
          ("(i)  that any provision of Part II which relates to the duty to confirm or deny and is not specified in section 2(3) is relevant to the request, or
          (ii)  that the information is exempt information only by virtue of a provision not specified in section 2(3), and")
 
28     Page 10, line 24, at end insert ("and must contain an estimate of the date by which the authority expects that such a decision will have been reached") 
29     Page 10, line 27, leave out ("does not apply") and insert ("applies") 
  
BY THE LORD ARCHER OF SANDWELL
THE LORD LUCAS
 
30     Page 10, line 31, after ("deny") insert ("clearly") 
31     Page 10, line 35, after ("exemption") insert ("clearly") 
  
Clause 20
 
  
BY THE LORD LUCAS
 
32     Page 13, line 8, at beginning insert ("subject to subsection (3A) below,") 
33     Page 13, line 20, at end insert--
 
    ("(3A)  For the purposes of subsection (1), information is not reasonably accessible to the applicant if the applicant has expressed a preference in accordance with section 11(1)(a) and--
    (a)  the information is not accessible to the applicant in that form, and
    (b)  the public authority would make the information available in that form under the provisions of section 11.")
 
 
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