House of Lords Amendments - Freedom of Information Bill

House of Lords

Session 1999-2000
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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 Fourth Marshalled List of Amendments to the Freedom of Information Bill to be moved in Committee in the House of Lords.

    The amendments have been marshalled in accordance with the Instruction of 28th September 2000, as follows--

Clauses 28 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 83
Schedule 7
Clauses 84 and 85

[Amendments marked * are new or have been altered]

Amendment
No.

Clause 36

BY THE LORD LUCAS

204      Page 21, line 17, leave out subsection (2)

Clause 37

BY THE LORD LUCAS

205      Page 21, line 26, leave out subsection (2)

     The Lord Lucas gives notice of his intention to oppose the Question that Clause 37 stand part of the Bill.

Clause 38

BY THE LORD MACKAY OF ARDBRECKNISH

206      Page 21, line 39, leave out paragraph (a) and insert--
("(a)  that the disclosure of information to a person would be likely to result in a public authority breaching its obligations to respect the private life of another person as set out in Article 8 of Part I of Schedule 1 to the Human Rights Act 1998, and")

BY THE LORD LUCAS

207      Page 22, line 13, leave out subsection (5)

208      Page 22, line 32, at end insert--

    ("(  )  The public authority shall consider whether, in all the circumstances of the case, the appropriate person or persons should be asked for permission to release information which is exempt by virtue of subsection (1) or (2).")

Clause 39

BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL

209      Page 22, line 41, after ("authority),") insert--
("(aa)  before obtaining it the authority, in accordance with subsection (1A), gave notice in writing to the person from which it was obtained, that it was willing to receive it in confidence,")

BY THE LORD LUCAS

210      Page 22, line 44, at end insert ("unless the person in question is a public authority")

BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL

211      Page 22, line 44, at end insert--

    ("(1A)  A public authority shall not give the notice referred to in subsection (1)(aa) unless it--
(a)  requires the information in order to properly discharge its functions, and

(b)  believes on reasonable grounds that the information will not be supplied to it unless it gives that notice.
    (1B)  Subsection (1)(aa) above shall not apply in relation to information obtained by a public authority before the commencement of this Act.")

BY THE LORD LUCAS

212      Page 22, line 45, leave out subsection (2)

Clause 40

BY THE LORD LUCAS

213      Page 23, line 4, leave out subsection (2)

Clause 41

BY THE LORD MACKAY OF ARDBRECKNISH

214      Page 23, line 8, at end insert ("and there is no overriding public interest in complying with the request for information")

215      Page 23, line 8, at end insert--

    ("(  )  In subsection (1), "trade secret" means any confidential trade information which if disclosed to a competitor would cause harm to its owner.")

BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL

216      Page 23, line 10, after ("to,") insert ("substantially")

BY THE LORD LUCAS

217      Page 23, line 10, after ("prejudice") insert ("to an unreasonable degree")

BY THE LORD ARCHER OF SANDWELL
THE BARONESS THORNTON

218      Page 23, line 11, at end insert ("and if the public interest does not require its disclosure")

BY THE LORD MACKAY OF ARDBRECKNISH

219      Page 23, line 11, at end 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)")

BY THE LORD YOUNG OF DARTINGTON

220      Page 23, line 11, at end insert--

    ("(  )  Information is not exempt by virtue of subsection (2) if or to the extent that--
(a)  it relates to the quality or safety of the goods or services produced or supplied by the person referred to in that subsection or the conditions under which those goods or services are produced or supplied; and

(b)  the prejudice to that person's commercial interests would result from the exercise of more informed choice by persons seeking to acquire those goods or services.")

BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL

221      Page 23, line 11, at end insert--

    ("(  )  In making any decision under section 13 in relation to information which is or may be exempt under this section a public authority shall in particular have regard to the public interest in ensuring that--
(a)  the expenditure of public funds is subject to effective oversight;

(b)  the public is kept adequately informed about any risks to public health or safety or to the environment;

(c)  any statutory authority with regulatory responsibilities relating to those interests is discharging those responsibilities effectively.")

After Clause 41

BY THE LORD MACKAY OF ARDBRECKNISH

222      Insert the following new Clause--

    ("  .  Information is exempt information if it was supplied to a public authority by a company or other commercial organisation before the coming into force of this Act.") Information supplied by commercial organisations before commencement of Act.

Clause 42

BY THE LORD LUCAS

223      Page 23, line 17, leave out paragraph (a)

224      Page 23, line 18, leave out paragraph (b)

225      Page 23, line 19, leave out paragraph (c)

Clause 43

BY THE LORD MACKAY OF ARDBRECKNISH

226      Page 23, line 28, leave out ("effects adverse") and insert ("substantial prejudice")

227      Page 23, line 30, after ("it") insert ("reasonably")

228      Page 23, line 32, at end insert ("substantially")

229      Page 24, line 6, leave out subsection (5)

BY THE LORD GOODHART
THE LORD LESTER OF HERNE HILL
THE LORD FALCONER OF THOROTON

     The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill.

After Clause 43

BY THE LORD LUCAS

230      Insert the following new Clause--

    ("  .--(1)  Information is only exempt information for the purposes of sections 25(2), 25(3), 39, 40 and 41 if the public authority is in possession of a written request from the originator of the information that it should be held confidential.

    (2)  The public authority shall consider whether, in all the circumstances of the case, the originator of the information referred to in subsection (1) should be asked for permission to release the information.") Confidentiality of information.

231      Insert the following new Clause--

    ("  .  Records of ministerial engagements can never be exempt information under sections 19, 20, 26, 27, 33, 34, 38 or 39.") Records of ministerial engagements.

231A      Insert the following new Clause--

    ("  .--(1)  The name and address of anyone corresponding with a public authority, and the date of such correspondence and of any reply from the public authority, can never be exempt information under sections 19, 20, 26, 27, 33, 34, 38 or 39.

    (2)  In this section "name and address" means the information necessary to direct a reply to a person by the means of communication adopted by them.") Correspondence with public authority.

Clause 44

BY THE LORD LUCAS

232      Page 24, line 36, after ("information,") insert--
("(  )  the occasions on which it is acceptable for public authorities to receive information on a confidential basis, and the basis on which that confidentiality shall be accepted and maintained,")

233      Page 24, line 38, at end insert--

    ("(  )  The code may include provisions as to how public authorities shall reach decisions under particular sections or subsections of any part of this Act.")

BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR

234      Page 24, line 41, at end insert ("and any other relevant person as he or the Commissioner thinks fit")

Clause 45

BY THE LORD FALCONER OF THOROTON

235      Page 25, leave out lines 25 and 26 and insert--
("(c)  in relation to Northern Ireland, the appropriate Northern Ireland Minister.")

BY THE LORD MACKAY OF ARDBRECKNISH
THE VISCOUNT ASTOR

236      Page 25, line 26, at end insert (", and
(d)  any other relevant person")

Clause 46

BY THE LORD MACKAY OF ARDBRECKNISH

237      Page 25, line 35, at beginning insert--

    ("(A1) The purpose of the Commissioner is to facilitate public access to the information held by public authorities except where disclosure of specific information is exempt under the Act.")

238      Page 25, line 35, leave out ("Commissioner") and insert ("Ombudsman")

BY THE LORD LUCAS

239      Page 25, line 39, after ("requirements") insert ("and spirit")

BY THE LORD MACKAY OF ARDBRECKNISH

240      Page 25, line 41, leave out ("Commissioner") and insert ("Ombudsman")

241      Page 26, line 3, leave out ("Commissioner") and insert ("Ombudsman")

BY THE LORD LUCAS

242      Page 26, line 3, leave out (", with the consent of any public authority,")

BY THE LORD MACKAY OF ARDBRECKNISH

243      Page 26, line 5, leave out ("Commissioner") and insert ("Ombudsman")

244      Page 26, line 7, leave out ("Commissioner") and insert ("Ombudsman")

245      Page 26, line 8, leave out ("Commissioner") and insert ("Ombudsman")

246      Page 26, line 11, leave out ("Commissioner") and insert ("Ombudsman")

247      Page 26, line 16, leave out ("Commissioner") and insert ("Ombudsman")

248      Page 26, line 22, leave out ("Commissioner") and insert ("Ombudsman")

Clause 47

BY THE LORD MACKAY OF ARDBRECKNISH

249      Page 26, line 25, leave out ("Commissioner") and insert ("Ombudsman")

250      Page 26, line 28, leave out ("give to the authority a recommendation (in this section referred to as a "practice recommendation")") and insert ("instruct the authority (in this section referred to as a "practice instruction")")

251      Page 26, line 33, leave out ("Commissioner's") and insert ("Ombudsman's")

252      Page 26, line 37, leave out ("Commissioner") and insert ("Ombudsman")

253      Page 26, line 43, leave out ("Commissioner") and insert ("Ombudsman")

BY THE LORD LUCAS

254      Page 26, line 44, at end insert--

    ("(  )  A practice recommendation shall never be exempt information under Part II of this Act.")

BY THE LORD MACKAY OF ARDBRECKNISH

255      Page 26, line 44, at end insert--

    ("(  ) The public authority receiving a practice instruction from the Commissioner shall comply with the terms of the practice instruction within 90 days.")

Clause 48

BY THE LORD MACKAY OF ARDBRECKNISH

256      Page 26, line 45, leave out ("Commissioner") and insert ("Ombudsman")

257      Page 27, line 1, leave out ("Commissioner") and insert ("Ombudsman")

BY THE LORD LUCAS

258      Page 27, line 2, leave out ("with respect to those functions")

Before Clause 49

BY THE LORD MACKAY OF ARDBRECKNISH

259      Insert the following new Clause--

    ("  .  The applicant may appeal to the Commissioner where a public body refuses to comply with a request for information under this Act and the Commissioner shall determine whether it is in the public interest to comply or not, and shall direct the public authority to comply where he finds that, on balance, it is in the public interest to disclose.") Application for decision by Commissioner: public interest.

© Parliamentary copyright 2000
Prepared 25 October 2000

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 36
	BY THE LORD LUCAS
204	Page 21, line 17, leave out subsection (2)
	Clause 37
	BY THE LORD LUCAS
205	Page 21, line 26, leave out subsection (2)
	The Lord Lucas gives notice of his intention to oppose the Question that Clause 37 stand part of the Bill.
	Clause 38
	BY THE LORD MACKAY OF ARDBRECKNISH
206	Page 21, line 39, leave out paragraph (a) and insert-- ("(a) that the disclosure of information to a person would be likely to result in a public authority breaching its obligations to respect the private life of another person as set out in Article 8 of Part I of Schedule 1 to the Human Rights Act 1998, and")
	BY THE LORD LUCAS
207	Page 22, line 13, leave out subsection (5)
208	Page 22, line 32, at end insert-- ("( ) The public authority shall consider whether, in all the circumstances of the case, the appropriate person or persons should be asked for permission to release information which is exempt by virtue of subsection (1) or (2).")
	Clause 39
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
209	Page 22, line 41, after ("authority),") insert-- ("(aa) before obtaining it the authority, in accordance with subsection (1A), gave notice in writing to the person from which it was obtained, that it was willing to receive it in confidence,")
	BY THE LORD LUCAS
210	Page 22, line 44, at end insert ("unless the person in question is a public authority")
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
211	Page 22, line 44, at end insert-- ("(1A) A public authority shall not give the notice referred to in subsection (1)(aa) unless it-- (a) requires the information in order to properly discharge its functions, and (b) believes on reasonable grounds that the information will not be supplied to it unless it gives that notice. (1B) Subsection (1)(aa) above shall not apply in relation to information obtained by a public authority before the commencement of this Act.")
	BY THE LORD LUCAS
212	Page 22, line 45, leave out subsection (2)
	Clause 40
	BY THE LORD LUCAS
213	Page 23, line 4, leave out subsection (2)
	Clause 41
	BY THE LORD MACKAY OF ARDBRECKNISH
214	Page 23, line 8, at end insert ("and there is no overriding public interest in complying with the request for information")
215	Page 23, line 8, at end insert-- ("( ) In subsection (1), "trade secret" means any confidential trade information which if disclosed to a competitor would cause harm to its owner.")
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
216	Page 23, line 10, after ("to,") insert ("substantially")
	BY THE LORD LUCAS
217	Page 23, line 10, after ("prejudice") insert ("to an unreasonable degree")
	BY THE LORD ARCHER OF SANDWELL THE BARONESS THORNTON
218	Page 23, line 11, at end insert ("and if the public interest does not require its disclosure")
	BY THE LORD MACKAY OF ARDBRECKNISH
219	Page 23, line 11, at end 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)")
	BY THE LORD YOUNG OF DARTINGTON
220	Page 23, line 11, at end insert-- ("( ) Information is not exempt by virtue of subsection (2) if or to the extent that-- (a) it relates to the quality or safety of the goods or services produced or supplied by the person referred to in that subsection or the conditions under which those goods or services are produced or supplied; and (b) the prejudice to that person's commercial interests would result from the exercise of more informed choice by persons seeking to acquire those goods or services.")
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
221	Page 23, line 11, at end insert-- ("( ) In making any decision under section 13 in relation to information which is or may be exempt under this section a public authority shall in particular have regard to the public interest in ensuring that-- (a) the expenditure of public funds is subject to effective oversight; (b) the public is kept adequately informed about any risks to public health or safety or to the environment; (c) any statutory authority with regulatory responsibilities relating to those interests is discharging those responsibilities effectively.")
	After Clause 41
	BY THE LORD MACKAY OF ARDBRECKNISH
222	Insert the following new Clause--
	(" . Information is exempt information if it was supplied to a public authority by a company or other commercial organisation before the coming into force of this Act.")	Information supplied by commercial organisations before commencement of Act.
	Clause 42
	BY THE LORD LUCAS
223	Page 23, line 17, leave out paragraph (a)
224	Page 23, line 18, leave out paragraph (b)
225	Page 23, line 19, leave out paragraph (c)
	Clause 43
	BY THE LORD MACKAY OF ARDBRECKNISH
226	Page 23, line 28, leave out ("effects adverse") and insert ("substantial prejudice")
227	Page 23, line 30, after ("it") insert ("reasonably")
228	Page 23, line 32, at end insert ("substantially")
229	Page 24, line 6, leave out subsection (5)
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL THE LORD FALCONER OF THOROTON
	The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill.
	After Clause 43
	BY THE LORD LUCAS
230	Insert the following new Clause--
	(" .--(1) Information is only exempt information for the purposes of sections 25(2), 25(3), 39, 40 and 41 if the public authority is in possession of a written request from the originator of the information that it should be held confidential. (2) The public authority shall consider whether, in all the circumstances of the case, the originator of the information referred to in subsection (1) should be asked for permission to release the information.")	Confidentiality of information.
231	Insert the following new Clause--
	(" . Records of ministerial engagements can never be exempt information under sections 19, 20, 26, 27, 33, 34, 38 or 39.")	Records of ministerial engagements.
231A	Insert the following new Clause--
	(" .--(1) The name and address of anyone corresponding with a public authority, and the date of such correspondence and of any reply from the public authority, can never be exempt information under sections 19, 20, 26, 27, 33, 34, 38 or 39. (2) In this section "name and address" means the information necessary to direct a reply to a person by the means of communication adopted by them.")	Correspondence with public authority.
	Clause 44
	BY THE LORD LUCAS
232	Page 24, line 36, after ("information,") insert-- ("( ) the occasions on which it is acceptable for public authorities to receive information on a confidential basis, and the basis on which that confidentiality shall be accepted and maintained,")
233	Page 24, line 38, at end insert-- ("( ) The code may include provisions as to how public authorities shall reach decisions under particular sections or subsections of any part of this Act.")
	BY THE LORD MACKAY OF ARDBRECKNISH THE VISCOUNT ASTOR
234	Page 24, line 41, at end insert ("and any other relevant person as he or the Commissioner thinks fit")
	Clause 45
	BY THE LORD FALCONER OF THOROTON
235	Page 25, leave out lines 25 and 26 and insert-- ("(c) in relation to Northern Ireland, the appropriate Northern Ireland Minister.")
	BY THE LORD MACKAY OF ARDBRECKNISH THE VISCOUNT ASTOR
236	Page 25, line 26, at end insert (", and (d) any other relevant person")
	Clause 46
	BY THE LORD MACKAY OF ARDBRECKNISH
237	Page 25, line 35, at beginning insert-- ("(A1) The purpose of the Commissioner is to facilitate public access to the information held by public authorities except where disclosure of specific information is exempt under the Act.")
238	Page 25, line 35, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD LUCAS
239	Page 25, line 39, after ("requirements") insert ("and spirit")
	BY THE LORD MACKAY OF ARDBRECKNISH
240	Page 25, line 41, leave out ("Commissioner") and insert ("Ombudsman")
241	Page 26, line 3, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD LUCAS
242	Page 26, line 3, leave out (", with the consent of any public authority,")
	BY THE LORD MACKAY OF ARDBRECKNISH
243	Page 26, line 5, leave out ("Commissioner") and insert ("Ombudsman")
244	Page 26, line 7, leave out ("Commissioner") and insert ("Ombudsman")
245	Page 26, line 8, leave out ("Commissioner") and insert ("Ombudsman")
246	Page 26, line 11, leave out ("Commissioner") and insert ("Ombudsman")
247	Page 26, line 16, leave out ("Commissioner") and insert ("Ombudsman")
248	Page 26, line 22, leave out ("Commissioner") and insert ("Ombudsman")
	Clause 47
	BY THE LORD MACKAY OF ARDBRECKNISH
249	Page 26, line 25, leave out ("Commissioner") and insert ("Ombudsman")
250	Page 26, line 28, leave out ("give to the authority a recommendation (in this section referred to as a "practice recommendation")") and insert ("instruct the authority (in this section referred to as a "practice instruction")")
251	Page 26, line 33, leave out ("Commissioner's") and insert ("Ombudsman's")
252	Page 26, line 37, leave out ("Commissioner") and insert ("Ombudsman")
253	Page 26, line 43, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD LUCAS
254	Page 26, line 44, at end insert-- ("( ) A practice recommendation shall never be exempt information under Part II of this Act.")
	BY THE LORD MACKAY OF ARDBRECKNISH
255	Page 26, line 44, at end insert-- ("( ) The public authority receiving a practice instruction from the Commissioner shall comply with the terms of the practice instruction within 90 days.")
	Clause 48
	BY THE LORD MACKAY OF ARDBRECKNISH
256	Page 26, line 45, leave out ("Commissioner") and insert ("Ombudsman")
257	Page 27, line 1, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD LUCAS
258	Page 27, line 2, leave out ("with respect to those functions")
	Before Clause 49
	BY THE LORD MACKAY OF ARDBRECKNISH
259	Insert the following new Clause--
	(" . The applicant may appeal to the Commissioner where a public body refuses to comply with a request for information under this Act and the Commissioner shall determine whether it is in the public interest to comply or not, and shall direct the public authority to comply where he finds that, on balance, it is in the public interest to disclose.")	Application for decision by Commissioner: public interest.