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Amendment Paper as at
Monday 27th November 2000

CONSIDERATION OF LORDS AMENDMENTS


New Amendments handed in are marked thus *

FREEDOM OF INFORMATION BILL

On Consideration of Lords Amendments to the Freedom of Information Bill


Lords Amendment No. 4

   

Mr Robert Maclennan
Mr Simon Hughes
Tony Wright
Mr Robin Corbett
Mr David Davis
Mr Richard Shepherd
As an Amendment to the Lords Amendment:—

(a)

Line 18, at end insert—

    '(2A) In making any determination under subsection (1)(b) or (2)(b) in respect of information which is exempt by virtue of section 28 and which has at any time been held by an authority for the purposes of ascertaining the cause of an accident or for any investigation or proceedings relating to any requirement relating to the health, safety or welfare of members of the public or of persons at work or the protection of the environment—

      (a) the public interest in disclosing whether the public authority holds the information shall be regarded as outweighing the public interest in maintaining the exclusion of the duty to confirm or deny; and

      (b) the public interest in disclosing the information shall be regarded as outweighing the public interest in maintaining the exemption

    unless, in either case, to do so would or would be likely to prejudice any particular investigations or proceedings of the kind referred to in that section.

    (2B) Where—

      (a) disclosing whether information referred to in subsection (2A) is held, or

      (b) disclosing information referred to in subsection (2A)

    would or would be likely to have either of the effects referred to in that subsection, nothing in that subsection shall prejudice the generality of subsection (1)(b) or (2)(b).'.


Lords Amendment No. 12

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 13

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow

To move, That this House disagrees with the Lords in their Amendment.


Lords Amendment No. 26

   

Tony Wright
Mr Robin Corbett
Mr Richard Shepherd
Mr David Davis
Mr Robert Maclennan
Mr David Heath
As an Amendment to the Lords Amendment:—

(a)

Line     2,     leave out from beginning to 'is' in line 4 and insert—

    '(1A) Factual information and the analysis of such information'.


Lords Amendment No. 27

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
As an Amendment to the Lords Amendment:—

(a)

Line     4,     leave out from '(1)(a)' to end of line 7 and insert 'but which consists of facts and analysis of facts relevant to Government policy proposals and decisions the disclosure of which would not harm the frankness and candour of internal Government discussion (in accordance with the Code of Practice on Access to Government Information), then—

      (a) the public interest in disclosing whether that information is held shall be deemed to outweigh the public interest in the exclusion of the duty to confirm or deny; and

      (b) the public interest in disclosing that information shall be deemed to outweigh the public interest in maintaining the exemption'.


Lords Amendment No. 35

   

Mr Richard Shepherd
Mr David Davis
Tony Wright
Mr Robin Corbett
As an Amendment to the Lords Amendment:—

(a)

Leave out line 2 and insert—

    '(3A) Paragraphs (b) and (c) of subsection (2) and subsection (3)'.


Lords Amendment No. 48

   

Tony Wright
Mr Robin Corbett
Mr Richard Shepherd
Mr David Davis
Mr Robert Maclennan
Mr David Heath

*To move, That this House disagrees with the Lords in their Amendment.

   

Tony Wright
Mr Robin Corbett
Mr Richard Shepherd
Mr David Davis
Mr Robert Maclennan
Mr David Heath
To move the following Amendment to the Bill in lieu of the Lords Amendment:—

(a)

*Page     29,     line     24,     leave out from 'that' to end of line 26 and insert 'the Cabinet has on reasonable grounds collectively formed the opinion that, in respect of the request or requests concerned, there was no failure falling within subsection (1)(b)'.


Lords Amendment No. 49

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
As an Amendment to the Lords Amendment:—

(b)

*Line     13,     at end add—

    'and shall make available to a joint committee of both Houses of Parliament or, as the case may be, to a committee of the relevant Assembly, on a confidential basis, the information to which the certificate relates'.

   

Mr Robert Maclennan
Mr David Heath
Mr Simon Hughes
As an Amendment to the Lords Amendment:—

(a)

Line     13,     at end add—

    '( ) A certificate issued under subsection (2) and laid before the appropriate institution under subsection ( ) shall cease to have effect unless it is approved by a resolution of that institution within the period of twenty days beginning with the date on which it is laid.'


Lords Amendment No. 52

   

Miss Ann Widdecombe
Mr David Lidington
Mr Oliver Heald
Mr Nick Hawkins
Mr John Bercow
As an Amendment to the Lords Amendment:—

(a)

*Line     12,     at end add—

    '(4A) In this section "government department" has the meaning given in section 81 with the omission of the words "and any other body or authority exercising statutory functions on behalf of the Crown".'.


    FREEDOM OF INFORMATION BILL AND COUNTRYSIDE AND RIGHTS OF WAY BILL (ALLOCATION OF TIME)

    Mr Secretary Prescott
Mr Secretary Straw
Margaret Beckett

    That the following provisions shall apply to the remaining proceedings on the Freedom of Information Bill and the Countryside and Rights of Way Bill:—

Lords Amendments

    1.—(1) Proceedings on Consideration of Lords Amendments to the Freedom of Information Bill shall be completed at today's sitting and shall, if not previously concluded, be brought to a conclusion at midnight.

    (2) Proceedings on Consideration of Lords Amendments to the Countryside and Rights of Way Bill shall be completed on the allotted day and shall, if not previously concluded, be brought to a conclusion at 10.00 p.m. on that day.

    2.—(1) This paragraph applies for the purpose of bringing proceedings on either of the Bills to a conclusion in accordance with paragraph 1.

    (2) The Speaker shall first put forthwith any Question which has been proposed from the Chair and not yet decided.

    3) If that Question is for the amendment of a Lords Amendment, the Speaker shall then put forthwith—

      (a) a single Question on any further Amendments of the Lords Amendment moved by a Minister of the Crown, and

      (b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their Amendment or (as the case may be) in their Amendment as amended.

    (4) The Speaker shall then put forthwith—

      (a) a single Question on any Amendments moved by a Minister of the Crown to a Lords Amendment, and

      (b) the Question on any Motion made by a Minister of the Crown that this House agrees or disagrees with the Lords in their Amendment or (as the case may be) in their Amendment as amended.

    (5) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown that this House disagrees with the Lords in a Lords Amendment.

    (6) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Amendments.

    (7) As soon as the House has—

      (a) agreed or disagreed with the Lords in any of their Amendments, or

      (b) disposed of an Amendment relevant to a Lords Amendment which has been disagreed to,

    the Speaker shall put forthwith a single Question on any Amendments moved by a Minister of the Crown relevant to the Lords Amendment.

Subsequent stages

    3.—(1) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the consideration forthwith of any further Message from the Lords on either of the Bills.

    (2) The proceedings on any further Message from the Lords shall, if not previously concluded, be brought to a conclusion one hour after their commencement.

    4.—(1) This paragraph applies for the purpose of bringing proceedings to a conclusion in accordance with paragraph 3.

    (2) The Speaker shall first put forthwith any Question which has been proposed from the Chair and not yet decided.

    (3) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

    (4) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

    (5) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all the remaining Lords Proposals.

Reasons Committee

    5. The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chairman.

    6.—(1) The Committee shall report before the conclusion of the sitting at which it is appointed.

    (2) Proceedings in the Committee shall, if not previously concluded, be brought to a conclusion 30 minutes after their commencement.

    (3) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (2), the Chairman shall—

      (a) first put forthwith any Question which has been proposed from the Chair and not yet decided, and

      (b) then put forthwith successively Questions on Motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

    (4) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

    7.—(1) The following paragraphs apply to—

      (a) proceedings at today's sitting on Consideration of Lords Amendments to the Freedom of Information Bill,

      (b) proceedings on the allotted day on Consideration of Lords Amendments to the Countryside and Rights of Way Bill,

      (c) proceedings on any further message from the Lords on either of the Bills, and

      (d) proceedings at today's sitting or on the allotted day on the appointment, nomination and quorum of a Committee to draw up Reasons (and the appointment of its Chairman) and the Report of such a Committee.

    8. Standing Order No. 15(1) (Exempted business) shall apply to the proceedings.

    9. The proceedings shall not be interrupted under any Standing Order relating to the sittings of the House.

    10. No dilatory Motion with respect to, or in the course of, the proceedings shall be made except by a Minister of the Crown; and the Question on any such Motion shall be put forthwith.

    11.—(1) If on a day on which any of the proceedings take place a Motion for the Adjournment of the House under Standing Order No. 24 (Adjournment on specific and important matter that should have urgent consideration) would stand over to Seven o'clock—

      (a) that Motion stands over until the conclusion of any of the proceedings which are to be brought to a conclusion at or before that time, and

      (b) the bringing to a conclusion of any of the proceedings which are to be brought to a conclusion after that time is postponed for a period of time equal to the duration of the proceedings on that Motion.

    (2) If a Motion for the Adjournment of the House under Standing Order No. 24 stands over from an earlier day to such a day, the bringing to a conclusion of any of the proceedings on that day is postponed for a period of time equal to the duration of the proceedings on that Motion.

    12. If the House is adjourned, or the sitting is suspended, before the expiry of the period at the end of which any of the proceedings are to be brought to a conclusion under this Order, no notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

Interpretation

    13. In this Order, "allotted day" means any day on which the Countryside and Rights of Way Bill is put down on the main business as first Government Order of the Day.


 
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Prepared 27 Nov 2000