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

back to previous amendments
 
  
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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