House of Lords Amendments - Freedom of Information Bill

Freedom of Information Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	Clause 22
	BY THE LORD FALCONER OF THOROTON
34	Page 14, line 1, at end insert-- ("( ) the Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000,")
	Clause 26
	BY THE LORD MACKAY OF ARDBRECKNISH THE VISCOUNT ASTOR
35	Page 15, line 20, at beginning insert ("Except in respect of information provided to a public authority by the European Union, its member states, institutions, organisations or related bodies,")
	Clause 29
	BY THE LORD ARCHER OF SANDWELL
36	Page 16, line 34, at end insert ("and its disclosure would, or would be likely to, prejudice any such investigation or proceedings. ( ) For the purpose of subsection (1), in considering whether a disclosure would, or would be likely to, prejudice any investigation or proceedings, a public authority shall in particular have regard to whether the disclosure would be likely to deter any witness from making a statement or giving evidence in connection with any such investigation or proceedings.")
	Clause 30
	BY THE VISCOUNT COLVILLE OF CULROSS
37*	Page 19, line 1, at beginning insert ("Subject to subsection (4),")
38*	Page 19, line 3, at end insert-- ("( ) In relation to the matters mentioned in subsection (1)(g) to (i), the circumstances mentioned in section 2(2)(b) shall include the time which has elapsed from the beginning of the exercise of the function, of the investigation or of the inquiry.")
	Clause 34
	BY THE LORD MACKAY OF ARDBRECKNISH THE VISCOUNT ASTOR
39	Page 20, line 21, leave out ("it relates to") and insert ("its disclosure would, or would be likely to, prejudice")
40	Page 20, line 24, leave out paragraph (c)
41	Page 20, line 26, at end insert-- ("( ) Information held by a government department is exempt information if it relates to the provision of advice by any of the Law Officers or any request for the provision of such advice.")
	BY THE BARONESS WHITAKER THE LORD ARCHER OF SANDWELL THE BARONESS THORNTON THE LORD MACKAY OF ARDBRECKNISH
42	Page 20, line 26, at end insert-- ("( ) Information is not exempt by virtue of paragraphs (a), (b) and (d) of subsection (1) insofar as it consists of factual or statistical information, or the analysis of such information, unless its disclosure would be contrary to the public interest by reason of the fact that the applicant would thereby become aware of a significant decision which the government department or the National Assembly for Wales proposes to make.")
	BY THE LORD McNALLY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
43	Page 20, line 36, at end insert-- ("( ) In making any determination required by section 2(1)(b) or (2)(b) in relation to information which is exempt information by virtue of subsection (1)(a), regard shall be had to the particular public interest in the disclosure of factual information which has been used, or is intended to be used, to provide an informed background to decision-taking.")
	BY THE LORD MACKAY OF ARDBRECKNISH
44	Page 20, line 37, at end insert-- (""government department" has the meaning given in section 83 with the omission of the words "and any other body or authority exercising statutory functions on behalf of the Crown";")
	Clause 35
	BY THE LORD ARCHER OF SANDWELL THE BARONESS WHITAKER THE BARONESS THORNTON
45	Page 21, line 25, leave out (", in the reasonable opinion of a qualified person,")
46	Page 21, line 38, leave out from ("deliberation") to end of line 40
47	Page 21, line 43, leave out (", in the reasonable opinion of a qualified person,")
48	Page 22, line 1, leave out subsections (4) to (7)
	Clause 39
	BY THE LORD MACKAY OF ARDBRECKNISH THE VISCOUNT ASTOR
49	Page 24, line 21, at end insert-- ("( ) Where information is exempt only by virtue of the fact that it is-- (a) information to which subsection (2) applies by virtue of the fact that the first condition referred to in that subsection is satisfied; and (b) that condition would not be satisfied if the data subject consents to the disclosure, the authority shall, if it is reasonable in all the circumstances to do so, take reasonable steps to enquire whether the data subject consents to the disclosure.")
	Clause 42
	BY THE LORD MACKAY OF ARDBRECKNISH THE VISCOUNT ASTOR
50	Page 25, line 21, after ("it)") 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")
	Clause 44
	BY THE LORD LUCAS THE LORD GOODHART THE LORD LESTER OF HERNE HILL THE LORD MACKAY OF ARDBRECKNISH
51	Page 25, line 43, after ("advice") insert ("and assistance")
	BY THE LORD LUCAS
52	Page 26, line 9, at end insert (", and ( ) the desirability of dealing promptly with all matters")
53	Page 26, line 9, at end insert (", and ( ) the desirability of making information available on the world wide web")
	Clause 49
	BY THE LORD GOODHART THE LORD ARCHER OF SANDWELL THE BARONESS THORNTON
54	Page 29, line 9, leave out subsection (7)
	Clause 51
	BY THE LORD GOODHART THE LORD ARCHER OF SANDWELL THE BARONESS THORNTON
55	Page 30, line 27, leave out subsection (5)
	Clause 52
	BY THE LORD MACKAY OF ARDBRECKNISH THE VISCOUNT ASTOR
56	Page 31, line 3, at end insert (", and (b) compliance with the decision notice or enforcement notice would result in serious harm to the public interest.")
57	Page 31, line 3, at end insert-- ("(2A) Where the accountable person gives a certificate to the Commissioner under subsection (2) he shall on the same day lay a copy of that certificate before each House of Parliament; and such a certificate shall cease to have effect unless it is approved by a resolution of each House of Parliament within the period of 20 days beginning with the date on which it is laid. (2B) The period referred to in subsection (2A) shall be computed, in relation to each House of Parliament, by reference only to days on what that House sits.")
	BY THE LORD MACKAY OF ARDBRECKNISH
58	Page 31, line 25, at end insert-- ("( ) In this section "government department" has the meaning given in section 83 with the omission of the words "and any other body or authority exercising statutory functions on behalf of the Crown".")
	BY THE LORD ARCHER OF SANDWELL
59*	Page 30, leave out lines 31 to 34 and insert ("a government department in respect of information contained in a document which has been submitted to the Cabinet for its consideration or which consists of a record of the proceedings of the Cabinet, and")
60*	Page 31, line 10, leave out subsection (4)
61*	Page 31, line 27, leave out paragraphs (a) to (c) and insert ("means a Minister of the Crown who is a member of the Cabinet")
	BY THE LORD GOODHART THE BARONESS THORNTON
62	Leave out Clause 52
	Clause 65
	BY THE LORD McNALLY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
63	Page 34, line 43, leave out from ("II") to second ("or") and insert ("relating to the duty to confirm or deny")
64	Page 35, line 3, leave out from ("Where") to end of line 4 and insert ("information to which this section applies falls within a provision of Part II relating to the duty to confirm or deny but does not fall within any of the provisions of that Part relating to that duty which are")
65	Page 35, line 14, leave out ("does not apply") and insert ("applies")
	Clause 81
	BY THE LORD FALCONER OF THOROTON
66	Page 42, line 17, leave out ("or 52(6) or (7)")



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