House of Lords

Session 1998-99 Publications on the internet Draft Freedom of Information Bill Committee Publications

Draft Freedom of Information Bill - First Report Here you can browse the report which was ordered by the House of Lords to be printed 27 July 1999.

CONTENTS REPORT PART 1 BACKGROUND Introduction The select committee's enquiry Pre-legislative scrutiny "Freedom of Information" and the right to know Freedom of Information: the international perspective Freedom of Information: the European perspective Freedom of Information: the fundamental principles Freedom of Information: the British perspective Data protection and Freedom of Information PART 2 THE DRAFT FREEDOM OF INFORMATION BILL Changes from the White Paper: discretionary disclosure replaces right to know Review of discretionary disclosure Exemption based on class of information replaces exemption based on harm from disclosure Exemption based on "prejudice" replaces exemption based on "harm" Other exemptions (a) power to create new and retrospective exemptions (b) policy advice (c) "jigsaw puzzle" exemption (clause 37) (d) information intended for future publication (e) security matters PART 3 OTHER ISSUES RAISED BY THE DRAFT BILL "Third party" rights Third party procedural rights Self-incrimination Information about information Giving reasons Limiting disclosures to people and purposes 40 or 20 days? A purpose clause? Training for a new culture of open government Historical records PART 4 CONCLUSION Pre-legislative scrutiny Principal recommendations Appendix 1—Membership of the Committee Appendix 2—List of Witnesses ORAL EVIDENCE Home Office represented by Lord Williams of Mostyn QC, Mr Tim Middleton,  Mr Lee Hughes, Ms Cecelia French Oral evidence, 29 June 1999 Campaign for Freedom of Information represented by Mr James Cornford and  Mr Maurice Frankel Oral evidence, 29 June 1999 Dr Herbert Burkert of the Advisory Board to DG XIII (Information Market) Oral evidence, 6 July 1999 The Guardian Newspaper represented by Mr Alan Rusbridger, Mr David Leigh,  Mr Richard Norton-Taylor, Ms Siobhian Butterworth and Mr David Henke Oral evidence, 6 July 1999 Lord Butler of Brockwell Oral evidence, 6 July 1999 Professor Peter Hennessy Oral evidence, 6 July 1999 Office of the Information Commissioner and Ombudsman of Ireland represented by  Mr Kevin Murphy and Mr Pat Whelan Oral evidence, 13 July 1999 The Countess of Mar Oral evidence, 13 July 1999 Home Office represented by Lord Williams of Mostyn QC, Mr Lee Hughes and  Ms Rowena Collins-Rice Oral evidence, 13 July 1999 NOTE: This report is based on the oral evidence listed above and on a large number of the written submissions sent to the Home Office in response to its consultation exercise on the draft Bill. These written submissions, which were also sent to the Commons Public Administration Committee, are not printed with this report but are available for examination in the House of Lords' Record Office (Telephone: 020 7 219 3074). NOTE: Pages of the Report are numbered in bold type; pages of evidence are numbered in ordinary type. References in the text of the Report are as follows:  (Q) refers to a question in oral evidence;

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