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 49
	BY THE LORD MACKAY OF ARDBRECKNISH
260	Page 27, line 6, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD LUCAS
261	Page 27, line 8, at end insert ("and of any relevant codes of practice")
262	Page 27, line 8, at end insert ("or Part VI")
	BY THE LORD MACKAY OF ARDBRECKNISH
263	Page 27, line 8, at end insert (", or (b) whether representations made by the complainant in accordance with section (Third party commercial interests: request for information) have been dealt with in accordance with the requirements of that section")
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
264	Page 27, line 8, at end insert ("or ( ) whether a public authority has incorrectly exercised its discretion under section 13(3) in refusing to inform an applicant whether it holds information, or under section 13(4) in refusing to communicate information to an applicant. (1A) For the purpose of this Part a public authority shall be treated as having incorrectly exercised its discretion under section 13(3) or (4) if the Commissioner decides that he would have exercised that discretion differently, and in such a case the Commissioner shall substitute his own discretion for that of the public authority.")
	BY THE LORD MACKAY OF ARDBRECKNISH
265	Page 27, line 9, leave out ("Commissioner") and insert ("Ombudsman")
266	Page 27, line 17, leave out ("Commissioner") and insert ("Ombudsman")
267	Page 27, line 24, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
268	Page 27, line 26, after ("1(1),") insert-- ("( ) has incorrectly exercised a discretion under section 13,")
	BY THE LORD LUCAS
269	Page 27, line 27, after ("10,") insert ("11,")
	BY THE LORD FALCONER OF THOROTON
270	Page 27, line 27, leave out (", 13")
	BY THE LORD LUCAS
271	Page 27, line 33, at end insert-- ("( ) A decision notice should be issued promptly, and in any event should not, without good cause, be issued later than the twentieth working day following the date of receipt of the application.")
	BY THE LORD FALCONER OF THOROTON
272	Page 27, line 40, leave out subsection (7)
	BY THE LORD ARCHER OF SANDWELL THE BARONESS THORNTON THE LORD GOODHART THE LORD LESTER OF HERNE HILL
273	Page 27, line 40, leave out subsections (7) and (8)
	Clause 50
	BY THE LORD MACKAY OF ARDBRECKNISH
274	Page 27, line 43, leave out ("Commissioner") and insert ("Ombudsman")
275	Page 28, line 11, leave out ("Commissioner") and insert ("Ombudsman")
276	Page 28, line 16, leave out ("Commissioner") and insert ("Ombudsman")
277	Page 28, line 18, leave out ("Commissioner") and insert ("Ombudsman")
278	Page 28, line 30, leave out ("Commissioner") and insert ("Ombudsman")
279	Page 28, line 41, leave out ("Commissioner") and insert ("Ombudsman")
	Clause 51
	BY THE LORD MACKAY OF ARDBRECKNISH
280	Page 28, line 44, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
281	Page 28, line 45, after ("I") insert ("or has incorrectly exercised a discretion under section 13")
	BY THE LORD MACKAY OF ARDBRECKNISH
282	Page 28, line 45, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
283	Page 29, line 3, at end insert ("or for giving effect to the exercise of the Commissioner's discretion as substituted for that of the authority under section 49(1A)")
	BY THE LORD MACKAY OF ARDBRECKNISH
284	Page 29, line 6, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD GOODHART THE LORD LESTER OF HERNE HILL
285	Page 29, line 7, leave out ("and (b)") and insert-- ("( ) a statement that the Commissioner is satisfied that the authority has incorrectly exercised a discretion under section 13 and his reasons for reaching that conclusion, and, in either case,")
	BY THE LORD ARCHER OF SANDWELL THE BARONESS THORNTON THE LORD FALCONER OF THOROTON
286	Page 29, line 14, leave out subsection (4)
	BY THE LORD MACKAY OF ARDBRECKNISH
287	Page 29, line 16, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD ARCHER OF SANDWELL THE BARONESS THORNTON
288	Page 29, line 18, leave out subsection (6)
	Clause 52
	BY THE LORD FALCONER OF THOROTON
289	Page 29, line 19, leave out from beginning to ("shall") in line 21 and insert-- ("(1) This section applies to a decision notice or enforcement notice which-- (a) is served on-- (i) a government department, (ii) the National Assembly for Wales, or (iii) any public authority designated for the purposes of this section by an order made by the Secretary of State, and (b) relates to a failure, in respect of one or more requests for information-- (i) to comply with section 1(1)(a) in respect of information as respects which any provision of Part II provides that the duty to confirm or deny does not arise, or (ii) to comply with section 1(1)(b) in respect of exempt information. (1A) A decision notice or enforcement notice to which this section applies")
290	Page 29, line 22, leave out ("day on which the notice was given to the public authority") and insert ("effective date")
	BY THE LORD MACKAY OF ARDBRECKNISH
291	Page 29, line 23, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD FALCONER OF THOROTON
292	Page 29, line 25, leave out from ("that") to end of line 26 and insert ("in respect of the request or requests concerned, there was no failure falling within subsection (1)(b).")
	BY THE VISCOUNT COLVILLE OF CULROSS
293	Page 29, line 25, leave out ("authority did not fail to comply with section 13") and insert ("information is exempt under those provisions of Part II to which this section applies. ( ) The provisions of Part II to which this section applies are-- (a) section 22, (b) section 24, (c) section 25, (d) section 33, and (e) section 34.")
	BY THE LORD FALCONER OF THOROTON
294	Page 29, line 26, at end insert-- ("(1B) In subsection (1A) "the effective date", in relation to a decision notice or enforcement notice, means-- (a) the day on which the notice was given to the public authority, or (b) where an appeal under section 56 is brought, the day on which that appeal (or any further appeal arising out of it) is determined or withdrawn. (1C) Before making an order under subsection (1)(a)(iii), the Secretary of State shall-- (a) if the order relates to a Welsh public authority, consult the National Assembly for Wales, (b) if the order relates to the Northern Ireland Assembly, consult the Presiding Officer of that Assembly, and (c) if the order relates to a Northern Ireland public authority, consult the First Minister and deputy First Minister in Northern Ireland.")
	BY THE LORD MACKAY OF ARDBRECKNISH
295	Page 29, line 27, leave out ("Commissioner") and insert ("Ombudsman")
	BY THE LORD FALCONER OF THOROTON
296	Page 29, line 28, leave out ("(1)") and insert ("(1A)")
297	Page 29, line 35, leave out subsection (4) and insert-- ("(4) In this section "the accountable person"-- (a) in relation to a Northern Ireland department or any Northern Ireland public authority, means the First Minister and deputy First Minister in Northern Ireland acting jointly, and (b) in relation to the National Assembly for Wales or any Welsh public authority, means the Assembly First Secretary. (c) in relation to any other public authority, means-- (i) a Minister of the Crown who is a member of the Cabinet, or (ii) the Attorney General, the Advocate General for Scotland or the Attorney General for Northern Ireland.")
	BY THE LORD LUCAS
298	Page 29, line 36, leave out ("government department") and insert ("public authority not falling within paragraphs (c) to (f) below")
299	Page 29, line 37, at end insert ("who is a member of the Cabinet")
300	Page 29, line 38, leave out paragraph (b)
301	Page 29, line 44, leave out ("or the Northern Ireland Audit Office") and insert ("and any other public authority whose jurisdiction or activities are limited to Northern Ireland")
302	Page 30, line 1, leave out from ("Wales") to ("means") in line 3 and insert ("and any other public authority whose jurisdiction or activities are limited to Wales")
	BY THE LORD LUCAS THE VISCOUNT COLVILLE OF CULROSS
303	Page 30, line 4, leave out paragraphs (g) to (k)
	BY THE LORD LUCAS THE LORD FALCONER OF THOROTON
304	Page 30, line 29, leave out subsections (5) and (6)
	BY THE VISCOUNT COLVILLE OF CULROSS
305	Page 30, line 29, leave out subsection (5)
	BY THE LORD LUCAS
306	Page 30, line 39, at end insert-- ("( ) An order under subsection (4)-- (a) must state the reasons for the order, and (b) must be made public.")
307	Page 30, line 39, at end insert-- ("( ) A certificate given under this section shall never be exempt information under Part II of this Act.")
	BY THE LORD LUCAS THE VISCOUNT COLVILLE OF CULROSS THE LORD FALCONER OF THOROTON
308	Page 30, leave out lines 41 to 45
	BY THE LORD LUCAS THE LORD ARCHER OF SANDWELL THE LORD GOODHART THE LORD LESTER OF HERNE HILL
	The above-named Lords give notice of their intention to oppose the Question that Clause 52 stand part of the Bill.
	Clause 53
	BY THE LORD MACKAY OF ARDBRECKNISH
309	Page 31, line 5, leave out ("Commissioner") and insert ("Ombudsman")
	Schedule 3
	BY THE LORD LUCAS
310	Page 62, line 3, after ("sub-paragraph,") insert-- ("( ) to copy any information held in electronic format, or to seize the equipment containing that information if a copy cannot conveniently be made,")
311	Page 62, line 9, at end insert ("(except in the case of an application under sub-paragraph (1)(b))")
	Clause 55
	BY THE LORD MACKAY OF ARDBRECKNISH
312	Page 31, line 22, leave out ("Commissioner") and insert ("Ombudsman")
	Clause 56
	BY THE LORD HUNT OF WIRRAL
313	Page 31, line 26, leave out ("or the public authority")
	BY THE LORD LUCAS
314	Page 31, line 27, after ("may") insert (", within five working days,")
	BY THE LORD HUNT OF WIRRAL
315	Page 31, line 29, after ("may") insert ("not")
	BY THE LORD FALCONER OF THOROTON
316	Page 31, line 30, at end insert-- ("( ) In relation to a decision notice or enforcement notice which relates-- (a) to information to which section (Decisions relating to certain transferred public records) applies, and (b) to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority, subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority.")
	BY THE LORD ARCHER OF SANDWELL THE BARONESS THORNTON THE LORD LESTER OF HERNE HILL THE LORD GOODHART THE LORD FALCONER OF THOROTON
317	Page 31, line 31, leave out subsection (3)
	Clause 57
	BY THE LORD LUCAS
318	Page 32, line 2, at end insert-- ("( ) Any appeal shall be determined not later than the twentieth working day following the notice of appeal.")



© Parliamentary copyright 2000	Prepared 25 October 2000